Florida Product Liability Attorneys
When you purchase a product, you typically assume that it is safe to use as intended. Given all the state and federal laws in the United States aimed at ensuring safe products, that assumption is understandable. In reality, however, many unsafe products make their way into the market and cause serious injuries to unsuspecting victims.
If you have been injured by what you believe to be a defective product, you may be entitled to compensation through a product liability lawsuit. The experienced Florida product liability attorneys at Dennis Hernandez & Associates, PA have helped many victims of defective product accidents throughout Florida and want to help you hold the responsible parties liable and obtain the financial compensation you deserve.
What Kind of Injuries Occur from Defective Products?
Many different kinds of injuries can occur because of defective products, but the most common ones are:
- Choking – When young children put small parts from broken toys in their mouths, internal injuries and death can occur.
- Burn injuries – Defective electrical appliances and faulty wiring can be very dangerous, causing fires or explosions and burning people who are close to them.
- Organ injuries – Defective pharmaceutical products can cause serious injuries to internal organs, including lung damage, brain damage, liver and kidney failure and cardiac arrest.
- Broken bones – When a product such as a ladder unexpectedly breaks, it can lead to broken bones for the victim.
- Head injuries – Victims of defective ladder, bicycle, motorcycle or scooter accidents often sustain head injuries.
- Death – Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to a fatal accident.
Who Can Be Held Responsible for a Defective Product?
Product liability is a specialized area of law that can potentially hold anyone in the “chain of distribution” accountable for injuries caused by a defective product. Generally, that may include any, or all, of the following parties:
- Designer of the product
- Manufacturer of the product
- Manufacturer of component parts used in the product
- Assembler or installer
- Wholesaler
- Retailer
What Makes a Product Defective under Florida Law?
Unlike other types of personal injury lawsuits, for an injured victim to recover damages in a product liability lawsuit it is not necessary to prove negligence on the part of anyone within the chain of distribution. Instead, Florida applies a “strict liability” standard in product liability lawsuits. That means an injured party must only show that the product was used as intended and that the product was defective in one of the following three ways:
- Design defect – These are defects that are built into the design of the product. These defects are often referred to as “intentional defects” because they are part of the original design of the product; however, that term does not mean that the designer intended the product to be faulty. Because these defects are found within the product design itself, all products manufactured with that design will have the defect.
- Manufacturing defects – These are products that begin with a safe design; however, a defect is introduced into the product during the manufacturing process that causes an otherwise safe product to become a defective product. Because the defect is introduced during the manufacturing phase, only products manufactured at the same time and place have the defect.
- Failure to warn defects – Some products cannot be made entirely safe because of the nature of the product itself. In that case, the law imposes a duty to warn consumers of the dangerous nature of the product. Things such as appliances, electrical tools, and even household cleaning products, for example, must have a warning label to alert consumers to potential dangers. If a warning is inadequate or missing altogether, it results in a “failure to warn” defect.
Am I Entitled to Compensation for My Defective Product Injury?
In a Florida product liability lawsuit, you need to show that the product had a design, manufacturing, or failure to warn defect, that you used the product as intended, and that you suffered actual damages from using the product as intended. In other words, you must prove damages other than damage to the defective product itself, such as medical bills or lost wages, that are a direct result of injuries caused by the defective product.
If you can show you suffered actual damages because of the defective product, you may be able to obtain substantial compensation. Along with your direct, out of pocket expenses incurred as a result of the injuries, you may also be entitled to compensation for the emotional trauma, pain, and suffering you experienced because of the defective product. If you are a surviving family member of someone who was fatally injured because of a defective product, you may also be entitled to compensation for your loss.
Contact Florida Product Liability Attorneys Today
If you have been injured by what you believe is a defective product, or you lost a loved one to what you believe was a defective product accident, contact the Florida product liability attorneys at Dennis Hernandez & Associates, PA as soon as possible to discuss your legal options.
At Dennis Hernandez & Associates, PA, making sure you achieve justice and are compensated fairly for your injuries is our main concern. We assure that all evidence is
gathered in a timely manner to prove the defective product caused your injuries, and we negotiate directly with insurance companies and the defendants’ attorneys on your behalf. We build a strong case demonstrating your right to compensation for physical, emotional, and financial damages caused by the defective product accident.
Many lawyers will do everything in their power to settle outside of court, but we never back down. We will leverage our trial experience to fight for the compensation you deserve. Working with the attorneys at Dennis Hernandez & Associates. PA means being supported through the entire legal process.
Call us at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.