Florida Product Liability Lawyer
Types of Cases our Florida Products Liability Lawyer Handles
Sometimes a product is designed or manufactured in a way that makes it dangerous for the people who use it. When that happens, our product liability lawyer can research and document your experience and file a personal injury claim with the manufacturer. Sometimes a car accident can also include a defective product claim or a workers' compensation accident can result in an additional product liability claim. Our experienced product liability attorney will represent clients throughout Florida in product liability litigation involving:
Automotive items - seat belts, airbags, tires
Many of the new car safety innovations are designed to protect passengers in the event of an accident. But a faulty automotive component that fails at a critical time can cause serious injury or death. In recent years, product safety reminders have marked record numbers of defective auto parts, including defective ignition switches, air bags, tires, seat belts, breaks, and other components.
Improper warnings on household tools or equipment can lead to serious injury. Even a person who is following safety precautions can be injured due to manufacturing defects or unforeseen hazards related to the use of the product.
The Consumer Product Safety Commission (CSPC) sets mandatory standards for toys. The Child Safety Protection Act also provides child safety and manufacturing standards, including mandatory warning labels for certain toys. Despite these precautions, a child is treated in the emergency room for a toy-related injury every three minutes, according to researchers at the Center for Injury Research and Policy at the National Children's Hospital. If your child is injured while playing with a toy, you should consult our experienced product liability injury attorney.
Each day, patients undergo medical procedures and receive artificial joints, hip implants, stents, blood clot filters, pacemakers, and pelvic mesh. Patients trust that the medical device their doctor uses has been approved by the Food and Drug Administration and that the risks of using it are well known. Some medical devices are defective and cause unwanted side effects and serious complications. A patient might have to undergo a follow-up surgical procedure or multiple procedures to remove and replace the faulty device.
Prescription and Over-the-Counter Medications
Some dangerous and prescription drugs can cause serious unwanted side effects that can cause lasting damage or be deadly. Drug manufacturers have a legal obligation to make drugs that are safe and effective when used as directed and to warn of known dangers. But many drugs approved by the Food and Drug Administration (FDA) cause harm. Some manufacturers put drugs on the market before the drug's effects are well understood. They fail to provide adequate warning of the known dangers of taking the drug.
Types of Product Liability Claims in Florida
For a defective product claim to be successful, it must be established that the product caused injury directly to the consumer. Some common types consumer product liability claims include:
Manufacturing Defects - There is nothing wrong with the design of the product, but it was not made to the designer's specifications due to problems with the manufacturing process. A blueprint may be perfectly safe, but if the manufacturer recklessly deviates from the blueprint to cut costs, the final product can suffer from serious deficiencies. Other manufacturing defects are the result of negligence, and go completely unnoticed until a consumer is injured or killed.
Design Defects - The product was properly assembled and is not necessarily broken or defective, but its design itself is dangerous. A good example of a flawed design is the 15-passenger van, which federal studies have statistically shown that this type of car is more likely to roll over and kill passengers compared to other types of vehicles. There is no expertise that can save bad design from being inherently dangerous.
Storage Defects - Products are not sent for sale immediately. On many occasions, they remain in warehouses until they are ready to be sold. If products degrade due to improper storage, they can cause harm to consumers once purchased. To provide a recent example, over 5 million vehicles equipped with Takata airbags have been picked up in the United States alone, because improperly handled chemical propellant during storage caused some of the airbags to become explosive.
Marketing Defects - When hazards cannot be eliminated from the product, the product must be clearly and unambiguously labeled so that consumers are properly alerted to the risks. If a product is incorrectly labeled, leading to confusion and minimizing risk or danger, or what is more, if the product is not labeled, the consumer may not be able to take precautionary measures.
Determining Who to Pursue a Claim AgainstTo pursue a successful claim, you have to have compelling evidence against the party you believe to be negligent. When it comes to defective product claims, they are often filed against the manufacturer, retailer, or wholesaler. The manufacturer could be a large company or an individual working out of their garage. Depending on the product, it’s possible the plaintiff could file a case against either the manufacturer of the entire product or the manufacturer of a defective part. Holding a retailer accountable for their negligence can happen if a retailer advertises an item for sale—which implied the product is safe and suitable for use. If you decide to pursue a claim against a retailer, you don’t have to be the one who bought the product or the one who used the product. In addition to that, you might be able to recover compensation for used products. Finally, the wholesaler is essentially considered the middleman between the manufacturer and retailer. If, for example, a product was damaged during shipping and that caused the dangerous defect, the trucking company could potentially be held liable.
The second method to prove product liability is the risk utility test. With this test, a plaintiff can win a strict liability design-defect case if they demonstrate the magnitude of the danger of the product outweighs the intended utility of the product.
Providing liability in Florida Under either test, the plaintiff also to prove the product that caused their injuries was defective or unreasonably dangerous. Your Chicago attorney can help you build your claim and collect the evidence you need to prove you’re not responsible for your injuries and deserve compensation.