Hollywood Product Liability Lawyer
Working to Hold Manufacturers Responsible
When you buy and use a consumer product, it’s easy to take it for granted that the product is not going to harm you. The vast majority of products are perfectly safe and never cause any problems, and fortunately, most people go their whole lives without ever being seriously harmed by anything that they purchase.
However, there are always exceptions.
When products hurt people, and when those who bring that product to market are to blame, it’s important that they be held responsible. This not only allows the injured to be compensated for their losses, but it also ensures that public safety remains paramount in all aspects of creating and selling consumer products.
This is what motivates our team here at Fischer Redavid PLLC. If your injury could have been prevented, our Hollywood product liability lawyers want to fight for you go get you deserve and also to play my small role in helping to keep the public safe.
What Is Product Liability?
Product liability is a category of civil law that holds a manufacturer responsible for its products. If a manufacturer releases a product that contains a defect or an unreasonably dangerous design, that manufacturer will be legally responsible if the product injures or kills someone. It is typically not necessary for the injured consumer to prove the manufacturer’s negligence or guilt for injuries related to dangerous products. Instead, the victim’s attorney will have to demonstrate that the item contained a defect and that it caused the injuries. Negligence is not part of the burden of proof in strict product liability claims.
In Florida, consumers have the right to file product liability claims after injuries or family member deaths related to defective products. The statute of limitations on product liability lawsuits in Florida is four years from the date of the incident or the loved one’s death. A product liability claim aims to hold manufacturers accountable for the dangerous products they create and sell. A successful lawsuit could result in new safety standards and higher-quality products – potentially preventing future consumer injuries. It could also result in payment for your medical bills and other economic and noneconomic damages.
What Is Considered a Defective Product?
A defective product contains a flaw, issue or defect that makes it dangerous for consumers. A defective product may have an inherent design that makes it dangerous to use or it may contain a manufacturing flaw. A product that does not perform or operate as it should, causing consumer injury, is defective. Sometimes, a manufacturing company is aware that an item contains a defect, yet fails to remedy the issue for better profitability. In other cases, a manufacturer does not know about a defect until it causes consumer injuries.
An example of a defective product is a child’s toy with a pull string that is longer than what federal safety standards allow. This toy could have a design that poses an unreasonable risk of strangulation to children. Another example is a contaminated batch of cough medicine from a mistake at the manufacturing facility, resulting in medication that is poisonous or toxic to patients. Products do not have to cause injuries to be defective. However, a consumer must have suffered an injury to have grounds for a product liability claim.
Types of Product Liability
There are three major types of product liability claims:
- Manufacturing defects occur during a product’s fabrication and often involve claims of substandard manufacturing facilities, materials, or workmanship. For example, a medicine could be tainted by a foreign substance as it is bottled, or a bolt on a motorcycle could be over-tightened, causing it to break.
- Design defects are those that render a product inherently dangerous even when it is manufactured correctly and used as intended. Examples include children’s toys with small parts that pose choking hazards, or a sport utility vehicle that tends to tip over during sharp cornering.
- Failure to warn concerns inadequate warning of a hazard inherent to a product that may not be obvious to the user. For instance, a drug’s label might fail to warn against its use in conjunction with a certain other drug, or fail to advise of certain side effects. Or, a warning may be present, but its placement may be inadequate to catch the attention of the user.
Defects in manufacturing, design or marketing could lead to a product that causes serious or fatal injuries. If you notice signs of a product defect related to your recent injuries, you could have grounds for a liability lawsuit in Florida. The manufacturer does not have to recall the item for you to file a claim. Whether the manufacturer is aware of the defect or not, it could be liable for your damages.
Legal Doctrines Surrounding Product Liability Claims
Not all cases involve the theory of strict liability. Some rely on more traditional doctrines, such as negligence. It is important to work with an attorney with experience handling product liability lawsuits in Florida to understand which legal route could be most appropriate for your unique case. Your case could involve one or more elements a Hollywood product liability lawyer can help you prove before a judge or jury.
- Strict liability: Most product liability lawsuits involve strict liability, meaning victims will not have to prove negligence to qualify for financial compensation. This could be the case if the defect occurred due to a manufacturer’s involvement with the product, such as an issue at the plant. In other cases, however, a victim may have to base his or her lawsuit on a different legal doctrine.
- A lawsuit based on negligence will have the additional burden to prove the defendant owed the plaintiff a duty of care, but breached this duty, causing the injuries in question. Negligence-related claims can be more difficult to prove than strict liability lawsuits in Florida. Proving fault may take help from an attorney, subject-matter experts and accident reconstructionists.
- Breach of warranty: Manufacturers and distributors make certain promises – implied and expressed – regarding the quality and performance of their products. These promises take the form of warrantees. A breach of warranty could be grounds for a lawsuit if it contributes to a consumer’s injuries. If a manufacturer creates a product that does not fulfill the guaranteed standards of care, the company could be liable for damages.
- Sometimes, a manufacturing company intentionally or negligently gives misleading information about a product: False communication about an item’s production, operation, use, installation or safety could lead to preventable consumer injuries. Fraud, deceit, intentional misrepresentation, negligence or making incorrect public statements about a product could all trigger lawsuits.
The doctrines and laws surrounding your case will depend on the circumstances of the incident. A Hollywood product liability lawyer from Fischer Redavid PLLC could investigate your injury and the manufacturing company that may be responsible. Our attorneys may be able to help you hold a manufacturer, distributor and/or other parties liable using the most appropriate legal basis for your case.
Types of Product Liability Claims
Product liability is a significant problem that injures and kills thousands of people each year. At Fischer Redavid PLLC, we have helped clients with many types of product liability claims in Florida. Any product with a harmful defect could lead to a lawsuit, but some types of products cause injuries more often than others. If any kind of defective item injured you, contact us to find out if you could have grounds for a claim.
- Automobile and bicycle parts
- Children’s toys
- Defective drugs
- Food and drink
- Household items
- Medical devices and implants
- Paints and chemicals
- Playground equipment
The Consumer Product Safety Commission keeps an updated recall list to help protect consumers from defective and dangerous items. This list contains many products and materials the manufacturer or a government organization such as the Food and Drug Administration recall due to defects. The recall list can help prevent consumer injuries, but many dangerous items do not end up on the list until they have already caused harm.
A Hollywood product liability lawyer has experience in the sector of personal injury law involving defective and dangerous products. An attorney can use this experience and practice area knowledge to guide you through the legal process. A lawyer will understand the legal remedies that could be available to you as an injured victim in Florida. Hiring an attorney to represent your product liability claim could help you navigate applicable laws, petition consumer protection agencies, file your claim within the state’s deadline and fight for fair compensation.
A Hollywood product liability lawyer may be able to help if a product you used correctly caused a serious injury or took the life of a loved one. It may be possible to win a minor injury claim on your own, but more serious or life-threatening injuries often require assistance from attorneys. Otherwise, you may be unable to match the legal resources of the manufacturing company. The company’s insurance provider may take advantage of you during claim negotiations and convince you to settle for less – or deny your valid claim outright. A Hollywood product liability attorney can strengthen your claim for damages and help prevent insurance bad faith.
A Legal Team Willing to Go the Distance
Product liability claims can be difficult to prove. Often, there is a reasonable perception that the product’s users themselves are at least partially to blame for their injuries. Naturally, corporate defense attorneys will latch onto any chance they have to pin the blame on you. This is why it is so important to ensure that your Hollywood product liability attorney has the knowledge, skill, and willingness to work that is necessary to build and pursue your case.