Have you or a loved one suffered personal injury from using a product? Has it caused property damage or physical pain? Lost wages or overwhelming medical bills? Trouble with insurance claims? Our product liability attorneys are ready to serve you. Let us help you navigate Florida law as you seek compensation for your losses and damages.
Product Liability Laws
When a product causes damage to people or property, the product makers and sellers are held liable. This is how product liability is defined under Florida state laws. There are three categories of product liability. They are design, manufacturing and marketing.
In defective design cases, victims claim the manufacturer is at fault. They made design decisions that affected the safety of the product. This can happen if the producer is rushing product development. It can also be the result of cutting corners to turn a larger profit. They know the design is flawed. But they believe profits will outweigh the risks, such as injuries, death or a lawsuit. A product liability lawyer proves the maker knew about defects in the design phase.
Cases involving manufacturing defects focus on what went wrong when a product was made. The product design was originally safe. Then the manufacturer made choices that changed the design. Another factor is what was used to make the product. They may have not used the best materials or parts available. These actions led to the making of harmful products. Product liability lawyers must prove defects happened during production.
In marketing defect cases, victim claim a distributor or marketer is at fault. They failed to include clear and sufficient warnings which led to injury or death. The product design may have been safe. The production may have been correct. But when marketing the product, important info was missing or not clear. Most products on the market are safe if used as intended. There are those that need to have usage warnings. For example, when a new prescription drug hits the market. Advertisers must include a list of possible side effects warnings. When a new toy is in stores, it’s not for kids under a certain age because of choking hazards. If dangerous, products should always include warnings. When they are missing, lawyers help hold marketers accountable.
Personal Injury Laws
In some cases, product liability law and personal injury law are both involved. This happens when a defective product causes injury due to negligence. Differences exist between these two types of law.
Product liability law usually falls under the theory of strict liability. An attorney doesn’t need to prove that those who designed, produced or distributed the product are at fault. They don’t need to show they had bad intentions. Instead, they only need evidence that the product inflicted unreasonable harm. The product must also have been used as intended and unaltered. Then manufacturers and distributors can be held liable for damages.
Personal injury law usually falls under the theory of negligence. When a person is negligent, it means they failed to take proper care for another person. You can seek compensation for pain and suffering due to accident or injury. Personal injury lawyers prove that negligence led to injury or death. This is how they help clients to win what they lawfully deserve. Your award pays for losses and damages caused by the actions of another person.
Personal injury can include things like:
- slip and fall
- dog bite
- car accident
- work injury
- wrongful death
- trucking accident
- medical malpractice
- nursing home negligence
- legal malpractice
If you or a family member is seriously injured, claims can be filed. It is important to choose a personal injury lawyer wisely if you hope to win your case.
A Case for Class Action
Class action is a lawsuit for a group of people with similar injuries from the same product or person. They come together and sue the defendant as a group or class. The value of the claim increases as legal forces are combined to serve the group as one. In cases like these, legal notices are sent out to those who are in the affected class. They can opt in or out of the lawsuit as a member of the class. In certain cases, you are automatically opted in. You need an experienced attorney to successfully win a class action lawsuit.
We Can Help
Dangerous and defective products have shown up for years in our marketplace. These products range from children’s toys that contain lead to blown out truck tires on the highway. Victims of defective products suffer injuries that insurance may not cover completely. Consumers need to be aware of product liability law. If the worst has happened to you or a family member, know that we can help with recovery.
At the law offices of Denmon & Pearlman, we have experience. We also have success in the field of product liability and personal injury law. Contact one of our product liability lawyers today for a free consultation.
Those who design, produce or sell a defective product must be held liable for damage inflicted on others. It’s a way to prevent more injuries and deaths from products. Legal actions ease financial burdens and help the healing process to truly begin.