If you unknowingly purchase a dangerous or defective product and suffer an injury when trying to use it as directed, you may qualify for compensation. Chiappetta Trial Lawyers will work with you to hold the company that designed, manufactured, or distributed, the faulty product accountable under Florida’s product liability laws. If you are considering this course of action, speak with a Florida product liability lawyer to discover what may be possible in your case.
Learn more about product liability claims in Florida, when you may need a lawyer, and the types of defective products most commonly involved in product liability lawsuits below.
Key Takeaways
- Florida law allows individuals who have been injured by dangerous and defective products to sue product manufacturers, distributors, sellers, and retailers for damages. Injuries resulting from design defects, manufacturing errors, and marketing failures may qualify for compensation.
- Anyone who has been harmed by a defective consumer or medical product, medical device, drug, vehicle part, or toxic substance may have a valid product liability claim for damages in Florida.
- It may be possible to recover medical bills, insurance co-pays, lost wages, pain and suffering, and more in a Florida product liability claim. An attorney can help determine what damages may be available in your case.
Product Liability Laws in Florida
Florida law holds product manufacturers, distributors, sellers, and retailers strictly liable for the safety of the items they create and sell. Specifically, strict liability for a dangerous product in Florida covers design defects, manufacturing errors, and marketing failures.
Defective Design
When an item is designed poorly, every iteration of that product will be dangerous. More people are likely to be injured from an improperly designed product than from any other type of defect, largely due to the number of items that may be affected and in circulation on the market. A lawyer who is familiar with Florida’s standards for product safety can investigate whether the source of an item’s defectiveness is in the design itself.
Manufacturing Errors
An error during the manufacturing process of an item can make a certain of batch or batches of products more dangerous than others. Product defects caused during manufacturing can be harder to pinpoint, making the assistance of a Florida attorney even more essential. An experienced lawyer will know what to look for when investigating a Florida product liability claim involving negligent manufacturers.
Failure to Warn and other Marketing Failures
How a product is marketed can impact whether someone is likely to suffer an injury from using it. For example, some products must feature prominent and easy-to-read warning labels with information about known dangers associated with the item, as well as examples of correct us and improper use.
Product manufacturers may not be liable, however, for injuries suffered by a consumer who uses a product in an unexpected or unintended way. An example would be any injury that occurs after a consumer ingests a product that clearly says not to.
When to Hire a Florida Product Liability Lawyer
If you were recently injured after using an item as intended and are unsure about how to move forward, it is time to contact a lawyer. A quality Florida product liability attorney can help you determine whether your situation qualifies for legal remedies. Let Chiappetta Trial Lawyers help you take the next steps toward recovery.
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Common Types of Product Liability Claims in Florida
Product liability lawsuits can arise for various reasons. Our skilled Florida law firm commonly handles the following types of product liability claims:
Defective Consumer Products
According to Harvard University professor Clayton Christensen, approximately 95 percent of new consumer products that enter the market every year will ultimately fail. Depending on the situation, consumers who come into contact with defective products may sustain serious injuries or losses. When that happens, laws are in place to protect consumers.
A diligent and capable defective products attorney serving the State of Florida can help you prove that a product manufacturer is strictly liable for your injuries and losses.
Defective Drugs
While every prescription drug comes with a list of potential side effects, sometimes a medication can cause more harm than good. According to the CDC, roughly 1.3 million emergency room visits every year are caused by adverse drug events.
While creating and testing a new drug, pharmaceutical companies may overlook, minimize, or even outright ignore some side effects and potential complications. When drug companies fail to warn of the risk of injury, they may be held accountable under product liability law.
Defective Medical Devices
A study showed that, between 2008 and 2018, at least 80,000 patients were fatally injured by medical devices meant to help them. Medical devices can include things like an implanted hernia mesh, CPAP machines, IUDs, and more.
If you or a loved one were injured by a faulty medical device, it is vital to get in touch with a Florida product liability attorney as soon as possible.
Defective Vehicle Parts
We rely on our cars to operate as intended whenever we get behind the wheel. Unfortunately, defective vehicle parts can lead to serious car accidents and substantial injuries and losses. Furthermore, it can be challenging to establish that a defective part caused an accident. If you suspect that faulty vehicle parts may have contributed to your accident, consult with a defective products lawyer in Florida to begin an investigation.
Florida Product Liability Claims Involving Toxic Exposure
According to the Ballard Brief, only about one percent of the 84,000 chemicals in circulation have gone through extensive safety testing. Moreover, manufacturers are not always required to disclose all the chemicals and ingredients in their products, thanks to certain legal loopholes. As a result, toxic exposure is a reoccurring problem with products on the market.
If a product contains a toxic chemical or compound that results in undue harm, it may be possible to hold the manufacturer responsible under Florida’s product liability laws.
Damages Available in a Florida Defective Product Lawsuit
A product liability lawsuit can help people who suffer injuries from defective products recover a variety of damages related to their accident and recovery period. Filing a Florida product liability lawsuit also helps hold companies accountable for their actions by imposing punitive damages. Doing so can also help other consumers by bringing dangerous defects to light and providing compensation to affected individuals.
If you have been harmed by a defective product, you may have legal recourse to recover certain damages, including medical bills, cost of prescription medications, insurance co-pays, property damage, and more related to the accident. A product liability claim can also cover lost wages for the injured individual as well as relevant caregiver expenses. A skilled product liability lawyer in Florida can also include an assessment of damages related to pain and suffering, scarring and disfigurement, trauma, or other difficult losses sustained as a result of a defective product.
Work with a Florida Product Liability Attorney Today
Have you suffered harm due to a dangerous or defective product? A local attorney can help you leverage Florida’s product liability laws to help recover the costs associated with your injuries.
Get in touch with a Florida product liability lawyer at our firm. Here at Chiappetta Trial Lawyers, we understand how challenging it can feel to go up against a large product manufacturer and their legal team. We aren’t intimidated by big companies and know how to use our legal experience to your advantage.
Call today to set up a case review with our leading defective products attorney so you can discuss your case in more detail and learn about how we can help.
