FORT LAUDERDALE PRODUCT LIABILITY LAWYER
Accident Lawyers Fort Lauderdale knows that every day, we all use various types of products as they’re essential to our everyday lives. We drive cars, buckle our children in their car seats, fasten our seat belt, buy expensive tires, cook and bake with appliances, lay our children down to sleep in their bassinet. We’re continually utilizing an infinite number of products.
The reputable Attorneys at Accident Lawyers Fort Lauderdale represent those injured from defective products.
When you buy or use a product, you expect that it will function safely and adequately for its intended purpose. Sometimes there are dangers related to certain products – some issues obvious: do not use a blow dryer in the tub. However, other hazards are not visible, and the general public may be completely unaware. Recent extensive recalls in the automobile airbag industry is a perfect example.
Accordingly, we, as consumers, expect that if there are dangers associated with a product that the manufacturer will issue a recall or post warning and proper instructions for safe use.
Unfortunately, many consumer goods experience malfunction or are defective without such warnings. Lack of notice, product information, product malfunction, and defects, and inherent design flaws can leave the consumer severely injured or can even cause death.
If you or a loved one has been injured or died as a result of a defective product, you may have the right to significant compensation. If you believe that you may have a product liability case, let the expert Florida product liability attorneys of Accident Lawyers Fort Lauderdale help you. The consultation is free, and we will come to your hospital if needed. We will accommodate your needs.
Every case and situation is unique, and the details of your claim determine the exact compensation pursued. However, we can help you find recovery for damages.
Common damages include:
-Medical bills, past, and future
-Lost earning potential
-Pain and suffering
-In cases of wrongful death; final expenses: funeral and burial costs, as well as a loss of net accumulations to the decedent’s estate.
We obviously cannot promise a specific monetary award. Each case is unique. However, we will let you know what we believe your best options are to best suit your circumstances and injuries. We will be by your side to counsel and to protect your rights during the entire claims process.
We have access to a plethora of expert witnesses all over the country who can evaluate, and where appropriate, testify that the product causing your injury was indeed defective. Accident Lawyers Fort Lauderdale can be of excellent service to you and your loved ones.
We fully commit ourselves to every client that chooses us to represent them. We work tirelessly to ensure that our clients may receive the maximum possible compensation for their unique situation. Let us help you on your journey to settlement and recovery. Let Jay Help.
If you or yours have been injured or harmed due to a defect, you may have an easier time receiving compensation for your damages than those injured in other ways. A settlement is due to special rules and theories of remuneration in product liability law.
An individual may be entitled to compensation for damages incurred against a manufacturer or seller based on one or more of these theories: 1) Strict Liability, 2.) Negligence and 3.) Breach of Warranty, depending on relevant facts and laws.
When proving fault in a case of product liability, the case primarily rests on the legal doctrine of strict liability.
What is a Strict Liability?
Typically, to hold an individual or entity liable, or responsible for your injuries, you need to prove that in some way they were negligent, and as a result, caused harm. The classic example of this would involve a car accident. The injured person driving his car would have to prove that the other driver did something wrong. Failed to stop at a stop sign, ran a red light, or violated his right-of-way. Defective product cases are different. Millions of products are sold to the public every day, and it would be extraordinarily complex and expensive for one person to prove that a manufacturer was negligent.
The consumer can’t be expected to prove that the seller had a system in place to check for defects of products that came right from the manufacturer or another third-party seller. Consumers are not expected to thoroughly inspect each product before using it to determine if it’s in proper working condition or if it’s dangerous or defective.
The policy and law led to the development of a doctrine known as strict liability. Strict liability allows a person that has become injured by a defective product to recover compensation from the manufacturer without having to prove the product manufacturer was negligent.
So how does Strict Liability work then?
If a defective product has injured you or a loved one, you may be entitled to compensation from both the manufacturer and the business that sold it to you. Strict liability may also provide for the filing of claims against a non-manufacturer, or company who sold the product to you — this analysis based on the facts of the case and applicable law. We can review your claim and identify the possible defendants. One question will be if the business regularly sells the product. For example, strict liability may not apply if you bought a defective product from a garage sale or a thrift shop. That specific product is most likely not sold at that particular place regularly. If it sells typically at a national store, the answer might be a different one.
The Rules of Strict Liability
Proving actual fault in cases of product liability does not require showing negligence under certain circumstances:
-The consumer product had an unreasonably dangerous failure, and as a consumer, you were injured by the product due to the defect. A defect can be created during the design of the product, manufacturing process, or even during the shipping and handling process.
-The product injured the consumer while they were correctly using it for its intended use.
-The product hadn’t been changed substantially from its original condition; not modified in a way that affects its performance.
This analysis is an essential discussion of these claims. Each case is unique, and nothing contained in this website is intended to be legal advice. We urge you to contact us for a free consultation so that we may evaluate your claim and identify the unique issues required to pursue it.
Typical Defenses of the Manufacturer or Seller
Manufacturers and sellers have a defense to claims of strict liability that may be important to you, the plaintiff if you’ve owned the product for an extended period. One argument commonly used is that you may not claim strict liability as you knew about the defect but used the product anyway. There also may be statutes of limitations due to the age of the product. Each case has its questions and challenges.
Your rights to receive compensation may be affected if there is proof you were aware of the product defect before your injuries occurred. Your description of the product, appearance or by actual notice, but you chose to use it regardless.
This area of the law is extremely complicated. If you or a family member has been harmed or injured by a dangerous or defective product, time is of the essence as it is in any Florida personal injury case. We urge all of our clients to seek qualified legal help immediately; we are in the best position, as product liability attorneys in Florida, to counsel you. We will put our experience to work for you. We will guide you through the processes of evaluating and potentially proving your product liability claim. Call today and set up a time for your free initial consultation. Let Jay Help. Call Accident Lawyers Fort Lauderdale at (954) 566-3111.