Defective product-related personal injury cases occur when individuals suffer harm or serious injury due to a product’s design, manufacturing, packaging, or marketing defects. These defects can range from faulty components and inadequate safety features to improper labeling and insufficient warnings about potential hazards.
If you or a loved one has suffered injuries due to a faulty product, you may be entitled to compensation for your injuries and losses. At Gerber Law, our skilled Florida product liability attorneys are committed to providing personalized attention to every client while aggressively pursuing maximum financial compensation on their behalf.
Legal Theories for Product Liability in Florida
Product liability claims in Florida can be based on several legal theories, including negligence, strict liability, and breach of warranty.
Negligence
To prove negligence in a product liability case, the plaintiff must show that:
- The defendant owed a duty of care to the consumer.
- The defendant breached that duty.
- The breach of duty caused the plaintiff’s injuries.
- The plaintiff suffered damages as a result.
Strict Liability
Under strict liability, a plaintiff does not need to prove that the manufacturer or seller was negligent. Instead, the plaintiff must show that:
- The product was defective when it left the manufacturer’s control.
- The defect caused the plaintiff’s injuries.
- The plaintiff suffered damages as a result.
Breach of Warranty
Product liability claims can also be based on a breach of warranty, either express or implied.
- Express Warranty: The manufacturer or seller made specific promises about the product that were not fulfilled.
- Implied Warranty: The product was not fit for its intended use or was unreasonably dangerous.
Consult with our Florida product liability lawyers to understand your rights and pursue appropriate legal remedies.
Common Florida Product Liability Cases
Defective Automotive Parts
Defective automobile parts, such as defective airbags, brakes, tire defects, or ignition switches, can lead to serious accidents and injuries. Tire failure and other defective auto parts rank among the top causes of auto accidents and product liability claims.
Pharmaceutical and Medical Device Defects
Pharmaceutical drugs and medical devices with design flaws or a manufacturing defect can cause severe adverse reactions, complications, or injuries to patients. These product liability cases are different from those involving other consumer products.
Unsafe Children’s Products Liability
Defective children’s toys, cribs, car seats, and other products designed for infants and young children can pose hazards such as choking, suffocation, or injuries due to sharp edges or small parts.
Faulty Consumer Electronics
Defective consumer electronics, including smartphones, laptops, and batteries, can malfunction and cause fires, explosions, or electric shocks. Speak to an experienced Florida product liability lawyer if a design defect led to an accident.
Hazardous Household Appliances
Defective household appliances like stoves, refrigerators, washing machines, power tools, and heaters from a retail store can pose fire, electrocution, or other safety risks due to design flaws or manufacturing defects.
Toxic or Contaminated Products
Products containing toxic materials, such as lead paint, asbestos, or contaminated food and beverages, can cause serious health issues or poisoning if ingested or exposed to the body.
Unsafe Industrial Equipment
A defective or dangerous product, such as industrial machinery, tools, or equipment used in workplaces can lead to workplace accidents, amputations, or other severe injuries for employees.
Dangerous Recreational Products
Defective recreational products, including bicycles, helmets, sporting equipment, and design defects in amusement park rides, can result in accidents, falls, or injuries due to structural weaknesses or malfunctioning parts.
Home Improvement Defects
Defective construction materials, such as roofing shingles, windows, or plumbing fixtures, can lead to property damage or injuries to homeowners or occupants. Proving the fault of the product manufacturers to receive financial recovery can be difficult.
Gerber Law provides strong legal representation to injured victims seeking. compensation for damages resulting from defective products in Florida. Schedule a free consultation with our experienced product liability lawyer today.
The Process of Filing a Defective Product Claim
Obtain Medical Attention
If you have been injured due to a defective product, your health and safety should be your top priority. Document all medical treatment received, including doctor’s visits, diagnostic tests, medications prescribed, and rehabilitation therapy and other medical records. Save your medical bills as a record for out of pocket costs arising from product defects.
Consult Our Law Firm
Our team has experience handling defective product claims and can provide expert evaluation, legal advice, and guidance throughout the claims process, ensuring your rights are protected every step of the way. Schedule your free initial consultation right now.
Investigation and Evidence Gathering
As your Florida defective products lawyer, we will conduct a thorough investigation into the circumstances surrounding the defect and your injury to prove negligence. This may involve gathering evidence, interviewing witnesses, reviewing product documentation, and consulting with experts in relevant fields. For instance, if your accident occurred because of the lack of proper warnings and attention to the product’s safety, our attorneys will gather necessary evidence to establish liability and obtain maximum compensation.
Notice to Potential Defendants
Depending on the nature of the product liability claim, our lawyers may need to provide notice to potential defendants, such as the manufacturer, distributor, or retailer of the defective product, of your intent to file a claim.
Filing the Complaint
If pre-litigation negotiations do not result in a settlement, we will file a complaint in the appropriate court, initiating legal proceedings against the responsible parties. If a product is not manufactured properly, we represent clients to obtain maximum compensatory damages.
Discovery Process
During the discovery phase, both parties exchange relevant information and evidence related to the product defect case. This may include written interrogatories, requests for production of documents, and depositions of witnesses.
Settlement Negotiations
In many cases, parties may engage in settlement negotiations to resolve the matter without going to trial. Your Florida product liability attorney will advocate on your behalf to reach a fair and just settlement that compensates you for your serious injuries and losses.
Trial
If settlement negotiations are unsuccessful, the case may proceed to trial. Gerber Law’s exceptional track record in the courtroom speaks volumes about our dedication to obtaining justice for our clients.
How Our Attorneys Establish Liability of the Defendants
- Consumer Behavior Analysis: We analyze consumer behavior and usage patterns to demonstrate how the defective product was used and how it caused injury or harm. This can help establish the defendant’s responsibility for failing to anticipate and address potential risks.
- Industry Standards and Regulations: We reference industry standards, regulations, and safety guidelines applicable to the product in question to highlight instances where the defendant failed to meet these standards, thereby demonstrating negligence.
- Documenting Similar Incidents: We investigate and document similar incidents involving the same or similar products to establish a pattern of defects or negligence on the part of the defendant. This can strengthen our argument for liability and negligence.
- Expert Witness Testimony: We engage qualified expert witnesses, such as medical professionals, engineers, accident reconstruction specialists, and economists, to provide testimony supporting our allegations of liability and negligence.
- Financial and Economic Analysis: We conduct financial and economic analyses to quantify the damages suffered by the plaintiff, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs.
Potential Compensation for Victims of Defective Products
With Gerber Law on your side, you will be able to recover compensation for the following:
- Medical Expenses: Compensation for past, current, and future medical expenses related to treating injuries caused by the defective product, including hospital bills, surgeries, medication, rehabilitation, and therapy.
- Lost Wages: Reimbursement for income lost due to the inability to work as a result of injuries caused by the defective product, including wages, bonuses, commissions, and other employment benefits.
- Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life experienced as a result of the injuries caused by the defective product.
- Disability and Impairment: Damages for any permanent disability, disfigurement, or impairment resulting from the injuries caused by the defective product, which may affect your ability to perform daily activities or work in the future.
- Loss of Consortium: Compensation for the negative impact the injuries have on the victim’s relationship with their spouse or family members, including loss of companionship, affection, and support.
- Wrongful Death Damages: In cases where a defective product causes the death of a loved one, surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and emotional pain and suffering.
- Punitive Damages: In cases of egregious negligence or intentional misconduct by the manufacturer or seller of the defective product, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
The Role of Gerber Law In Handling Defective Product Cases
We conduct a thorough investigation into the defective product, examining its design, manufacturing process, and any warnings or instructions provided. Our team collaborates with industry experts, including engineers, product designers, and safety specialists, to assess the product’s defects and determine how they contributed to the injury or harm suffered by the plaintiff. We will gather and analyze all relevant documentation, including product specifications, manufacturing records, quality control reports, and consumer complaints, to build a compelling case for liability.
Settlement Negotiations
Our attorneys craft persuasive legal arguments supported by case law, statutes, and regulatory standards to establish negligence on the part of the manufacturer, distributor, or retailer by demonstrating that they breached their duty of care to consumers. Utilizing strong negotiation skills and a strategic approach, we engage in aggressive yet professional discussions with the defendants and their insurance companies. Our goal is to hold the responsible parties accountable and secure a fair and just settlement that fully compensates our clients for their injuries and losses.
Courtroom Representation
In the event the insurance company refuses to make a fair settlement offer, we will take the case to trial. Our seasoned lawyers will present the carefully collected evidence, expert testimony, and legal arguments in a clear, compelling manner to persuade the judge or jury of the defendant’s liability and your entitlement to compensation.
The statute of limitations for defective product claims is two years. This sets a strict deadline within which a lawsuit must be filed after the discovery of the injury or harm caused by the defective product. Talk to our product liability lawyers in Florida if you had a car accident caused by defective parts. Our Florida defective products law firm will make sure you get the compensation you are entitled to.
Our Florida Defective Products Lawyer will Fight to Maximize Your Compensation
The experienced attorneys at Gerber Law, under the supervision of Attorney Maria Gerber, have built a reputation for providing exceptional legal representation in product liability cases across Florida. Our firm’s impressive track record demonstrates our commitment to pursue the largest possible settlements for our clients. To schedule your free consultation, call our Florida product liability attorneys today at (941) 484-2700 or fill out this online contact form.
