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.
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.
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.
There are three major types of product liability claims:
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.
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 lawyer can help you prove before a judge or jury.
The doctrines and laws surrounding your case will depend on the circumstances of the incident. A 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.
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.
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 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 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 product liability attorney can strengthen your claim for damages and help prevent insurance bad faith.
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 personal injury attorney has the knowledge, skill, and willingness to work that is necessary to build and pursue your case.
Call us today at (954) 860-8434 if you have any questions. We proudly offer free case evaluations!