Defective products result in thousands of serious injuries and wrongful deaths every year. From design flaws to manufacturing defects and insufficient or nonexistent warnings, defects can occur in all types of products including:
- Motor Vehicles (tire blowouts, airbags, rollovers, etc.)
- Power Tools
- Pharmaceuticals and Medical Devices
- Food Supplements
- Children’s Products (toys, cribs, car seats, folding strollers, etc.)
- Heavy Machinery
- Appliances and Electrical Devices
- Construction Equipment
If you or a loved one has been injured by a defective product, a product claim lawyer at Your Injury Law Group is ready to help you. There is much work to be done to prove whether the product was defective, whether the defect caused your injury and to bring in all those legally responsible for your injuries. The sooner you call us, the quicker we can get to work protecting your rights.
Determining Liability for Defective Product Injuries
When it comes to defective product injuries, determining liability can be a complex process. There may be multiple parties involved, including the manufacturer, the designer, the distributor, and the retailer. In order to pursue a product liability claim, you must be able to prove that the product was defective and that the defect caused your injury.
There are several types of defects that can give rise to a product liability claim:
Manufacturing Defect: This type of defect occurs during the manufacturing process of a product, resulting in the product being different from its intended design. This type of defect can make the product unsafe for use and can cause injuries to consumers.
Design defects: These are defects that exist in the design of the product and make it inherently unsafe.
Manufacturing defects: These are defects that occur during the production process and result in a product that is different from the intended design.
Warning defects: These are defects related to the labeling or instructions provided with the product. If a product lacks proper warning labels or instructions, or if the warnings provided are inadequate, it may give rise to a product liability claim.
If you believe that a defective product has caused your injury, it is important to gather as much evidence as possible to support your claim. This may include the product itself, photographs of the accident scene, medical records, witness statements, and any other relevant documentation.
Understanding the Legal Process for Product Liability Claims in Florida
If you or a loved one has suffered an injury as a result of a defective product, it is important to speak with an experienced product liability lawyer. An experienced product liability injury lawyer can help you understand your legal rights and options, gather evidence to support your product claim, and negotiate with the responsible parties or their insurance companies on your behalf. A product liability lawyer can also represent you in court if necessary to help you get the compensation you deserve for your injuries and damages.
One factor to consider when seeking legal action for a defective product is the concept of comparative negligence, which is recognized in Florida. This means that if you are found to be partially at fault for the accident that caused your injuries or damages, your recovery of damages will be reduced in proportion to your degree of fault. For example, if a defective product causes $100,000 in damages but you are found to be 50% at fault for the accident, your compensation would be reduced by $50,000.
Another important factor to consider is the Florida Economic Loss Doctrine, which does not allow consumers to file a product liability lawsuit if the only damages sustained are financial in nature, such as lost profits. In order to file a product liability lawsuit in Florida, there must be actual physical property damage or injury.
Proving cause is another crucial aspect of a product liability lawsuit. To hold a manufacturer, seller, or distributor liable for a defective product, it must be shown that either the product had an actual defect that made it unreasonably dangerous, or that the actions of the party in question were negligent and resulted in harm.
Finally, it is important to be aware of the statute of limitations for product liability lawsuits in Florida. This is the time frame within which you must file a lawsuit seeking damages. In Florida, the statute of limitations for product liability lawsuits is four years from the date the injury occurred.