Were you or your loved ones hurt by a product that malfunctioned even after using it as the manufacturer intended? You may be dealing with a defective product, and the manufacturing company may be liable for the devastating damages you’ve suffered.
However, finding relief and restoration through legal action is not as easy as it sounds. Navigating the process on your own is even harder because of a lack of experience and expertise, especially if you’re still recovering from injuries.
Let a Miami product liability lawyer relieve you of the stress of a lawsuit by gathering, evaluating the evidence, and building a strong case to get you a settlement. The lawyers at Fischer Redavid PLLC take pride in aiding clients who are victims of defective products, from that first call to your final settlement.
Product designers, manufacturers, distributors, and others involved in the supply chain have a legal duty to only sell products that are safe for human use. They’re also required to uphold any warranties and guarantees they make to customers regarding their products. When they fail to do so and a defective product causes harm, the injured can pursue justice through a lawsuit.
Product liability cases can stem from using any type of product including machines, food, drinks, household appliances, work equipment, and more. Defects occur when there’s a flaw in the design, manufacture, or marketing processes.
Understanding what caused the defect leading to a malfunction is crucial to find the parties responsible for your injuries. Here are a few causes of injuries that may happen in a product liability claim:
Unlike other types of personal injury claims, some product liability cases don’t require you to prove a manufacturer’s negligent behavior. This is known as strict product liability.
The legal doctrine holds companies automatically liable for defective product injuries as long as the victim can prove the existing damage. By producing goods that are unsafe for human use, a manufacturer has already breached their duty of care toward consumers.
Here, you must prove you were using the product for its intended use, as well as show evidence for damages you claim to have suffered. Such cases are pretty straightforward and settled before litigation, especially if the damages were minor.
If your case is not based on strict liability, you can still sue by proving negligence. This involves the manufacturer’s behavior while strict liability focuses on the defect.
Consumers may also seek compensation for breach of warranty, where a seller or manufacturer fails to keep their word regarding the product’s quality. It’s based on the Magnuson-Moss Warranty Act and may include implied and express warranties.
A product passes through many stages and people during its production process. This means that anyone within the production line could be responsible for the defect and your injuries. It also implies that more than one person could be financially liable for your compensation.
When this is the case, it’s crucial to sue and recover compensation from each party so that all your damages are covered. Possible defendants your attorney will be investigating include:
If you’re not sure who’s liable for your injuries, don’t hesitate to reach out to your product liability lawyer. Your lawyer can review the details of your claim and use this information to determine who’s liable for the suffering you’ve experienced.
When reeling from the physical injuries and financial losses caused by a defective product, you may be unhappy about the idea of going to court. Cases that go to trial are exhausting and may take more than a year to settle. In some cases, this is the only way to get the justice you deserve, but your lawyer can make the process easier.
During the pre-litigation phase of your case, we will gather as much evidence as we can find to present a solid case against the defendant. Some insurers may choose to settle at this point, especially when the stakes are high for them.
But what do you do when the defendant’s insurance company is still adamant about offering lower compensation than you deserve? A product liability attorney seeking the best outcome for your case will go to court for you by filing a lawsuit. This is why it’s crucial to interview several lawyers and seek one with a track record of successful cases in the courtroom.
The length of your product liability claim depends on many factors. Your product liability case may take just a few months or several years to settle. Several factors that determine this, such as the insurance company’s response, are out of your control, making it difficult to predict your lawsuit’s timeline.
Even so, you should never feel like you don’t understand your case’s progress because your attorney is providing insufficient information. One of the values we fully embody is continuous communication with clients who trust us with their future financial well-being. Partnering with us means proactive communication of everything you need to know about your case.
The amount of settlement awarded in a product liability lawsuit depends on the total damages. An attorney has to add up all the economic and non-economic losses you’ve experienced to quote the compensation you deserve when filing a claim.
Economic damages refer to all the financial expenses incurred to remedy losses caused by the defective product. Examples include medical bills to treat injuries, replacing any damaged property, compensation for wages lost on days you had to miss work when healing, and costs for household services you performed.
This will also include burial or funeral fees and the inheritance value lost if a defective product causes a fatality. All these will depend on how the product harmed you and your loved ones.
For non-economic damages, consider things like loss of enjoyment of life, physical pain suffered from the injuries, emotional distress, inability to enjoy family relationships, or loss of consortium due to injuries. Since these damages are non-tangible, the key task is to assign a monetary value through different formulas allowed in the state.
The above two types of damages are the most common options for legal recourse in injury cases. But if you can prove intentional misconduct, ill intent, malice, or egregious negligence, the court may award you punitive damages as well. This does not compensate for any of your losses. It instead serves as a punishment to the defendant and a deterrent to other manufacturers against producing defective goods.
Corporations and product manufacturers rarely take blame and accountability for defective goods that hurt consumers. They’ll attempt to deny these claims through dismissive insurance companies and several defense attorneys to intimidate you.
Pursuing compensation for injuries caused by malfunctioning products is a constitutional right. Let a Miami product liability lawyer from Fischer Redavid PLLC evaluate your case in a free initial consultation session and advise you on the best way forward.
Call our law offices in Miami at 954-860-8434 or fill out our online contact form below to speak with an attorney.
Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.
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