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product liability

If you sustained an injury or suffered significant property damage because of a defective product, you may need a Florida product liability lawyer to help you understand your legal rights. 

A defective product lawyer can help you identify the liable party, give you an idea of what your case might be worth, and aid you in pursuing the financial compensation you deserve.

Types of Compensation in a Florida Product Liability Case

Faulty products can cause a wide range of issues, including lost time, property damage, injury, and even wrongful death. Depending on the type of product defect, injured parties can be owed compensation for the following:

Financial Losses

Financial losses, also known as economic damages, include those things easily measured in a dollar amount. Common examples include:

As you can see, these losses generally have a price tag that can be easily attributed to them.

Non-Financial Losses

Non-economic damages, on the other hand, are less tangible. They include things like:

While it is more difficult to place a dollar figure on these types of losses, they nonetheless can be compensated for in some instances.

What rights do consumers have if they’ve been harmed by a defective product?

Product manufacturers have an obligation to ensure that their products are free of defects and function properly. Failure to do so could result in damages to individuals using the product, resulting in legal action.

Strict liability claims or negligence claims are common in cases of a defective consumer product. This can lead to lawsuits in pursuit of economic and non-economic losses.

What Our Product Liability Attorneys Can Do for You

product liability attorney

Proving liability in the case of a defective product can be more difficult than it sounds. There can also be other obstacles, such as class-action lawsuits, recalls, and common defenses used to deny liability

An experienced product liability lawyer from Denmon Pearlman knows how to navigate these obstacles and how much your case is worth. Our legal team will support you with expert advice and help you receive fair compensation for your losses.

Here are some other steps a Florida product liability lawyer will assist you with:

Gather Evidence of Your Losses

This may seem straightforward, but you need more than an unsafe product and a personal statement to prove losses in a product liability case. The defense will attempt to discount or downplay your evidence to avoid taking responsibility, so your proof must be rock solid.

A product liability lawyer will advise you on what evidence you should collect, such as repair bills, medical documentation, timestamped photos, witness statements, etc. They can also help you collect this evidence to build a strong case that will be more difficult for the defense to deny. 

Prove Liability

Using the evidence you have collected, you will need to be able to prove strict liability or negligence on behalf of the defendant. A product liability attorney will be familiar with common defense tactics and able to counter them to improve your chances of winning the case.

Negotiate a Fair Settlement

Product liability cases can include much more than just the cost of the faulty product. Property damage, pain and suffering, medical expenses, and even punitive damages can be sought. Your product liability attorney will know all of your rights so you can be compensated for every sort of damage you deserve. 

Manage Significant Deadlines

The statute of limitations in Florida for product liability cases is four years, the same as negligence cases. Aside from getting the process started in time, there will be other meetings, hearings, and possibly a trial to determine the outcome. This is in addition to paperwork and court fees that may need to be paid to begin your lawsuit.

A Florida product liability lawyer will have experience with this process and can help you every step of the way. 

Common Product Liability Cases Our Attorneys Handle

Below are some common examples of products in consumer product liability and personal injury cases we help with:

Air Bag Malfunction

Airbags are a serious, life-saving device in most modern automobiles. Defective airbags can cause devastating accidents or loss of life. If you came to harm due to a defective or non-deployed airbag, you might be owed compensation. 

Defective Medication

Defective drugs can be a two-fold problem.

  1. The intended effect of the prescription drugs may fail or be reduced
  2. Additional results and side effects may occur

In some cases, important medicine may not work properly, or defective medicine may have unintended effects. Either of these situations could cause serious complications, even death, and you may be owed compensation from the negligent party.

Seat Belt and Seat Back Malfunction

Car seats and seat belts of cars are regulated to ensure certain standards of safety. Defective car seats or seat belt failure can lead to catastrophic injuries or loss of life, which may leave the manufacturer or another party liable for compensatory damages.

Tire Failure

Tire defects are likely to not only be a major inconvenience but could also cause auto accidents. You may be eligible for compensation if a tire failure causes you to miss work, damages your vehicle, injures you, or harms someone else. 

Schedule a Free Product Liability Case Review With Our Law Firm

florida Product Liability Lawyer

At Denmon Pearlman, our product liability lawyers offer free case reviews to give you an estimate of what your case might be worth. They will ask you some questions to assess the strength of the case and explain what to expect if you decide to pursue it.

FAQs

What are the 3 types of product liability claims?

The three types of product liability claims are:

  • Design defects
  • Manufacturing defects
  • Erroneous communication

In other words, problems could arise when a product is poorly designed, manufactured with flaws, or misrepresented/mislabeled, causing confusion about the product’s use (such as a lack of proper warnings). Any of these types of defects can cause damages that you may be able to receive compensation for. 

How do you prove a product liability claim?

In order to prove a liability claim, you first need to link the defective product to any damages sustained. Next, you need to identify who is responsible and how (strict liability, negligence, or breach of contract). Then, you need to make a case for how the defendant is responsible for the defect that caused damages you wish to be compensated for using supporting evidence. 

How do you defend yourself from a product liability lawsuit?

Common defenses in a product liability lawsuit include:

  • Misuse by claimant resulting in damages
  • Modifications to the product causing malfunction
  • Lack of evidence that the product caused damages
  • Deflecting blame on other parties (i.e., broken during delivery)
  • Claims outside of proper use, terms, or warranty

For example, if someone were injured by power tools they were using to open a stuck jar, the defendant would likely claim misuse or not an intended use of their product. If the victim was injured by broken glass from said jar, the defendant might say it was not their product that caused the injury but the glass.

What do you need to prove for product liability?

You need to prove that damages were caused by defects in the product as a result of failures by the defendant.

For example, my dishwasher caught on fire during normal use due to faulty wiring from the manufacturer. 

In this case, the damages would be the fire, the defective manufacturing led to faulty wiring, and the responsible party is the manufacturer.

What is product liability insurance?

Product liability insurance covers companies who may be liable in the event of a defective product claim. In the same way most car insurance covers expenses due to an accident you cause, product liability insurance covers the expenses that a company may incur due to a faulty product lawsuit. 

What type of case is product liability?

Product liability usually falls under strict liability, though in some cases, it may be considered negligence or breach of warranty. A Florida product liability lawyer can help you determine which type best fits your case in the initial consultation. 

Let’s get in touch!

The initial consultation is absolutely FREE

Denmon Pearlman

Law

Tampa Office
2504 W Crest Ave
Tampa, FL 33614

(813) 694-4130

Denmon Pearlman

Law

St. Petersburg Office
520 2nd Ave South
St. Petersburg, Florida 33701

(727) 308-5159

Denmon Pearlman

Law

New Port Richey Office
5703 Main Street
New Port Richey, Florida 34652

(727) 853-6404