Did you know that you could file a lawsuit against the maker of a dangerous product if you suffer serious injuries? These are known as defective products cases, and a personal injury lawyer handles them. If you or someone you know is already suffering the consequences of an unsafe product, consulting a product liability lawyer should be your next step.
Defective Products We Use Every Day Can Cause Serious Injuries
No consumer expects that a product will break or cause harm to their property or family, but this happens all too often. Plenty of product liability cases filed individually or as class action claims on behalf of a large pool of people show just how dangerous regular household products can be if the manufacturer fails to make or package them properly.
If an accident has already happened, you need to evaluate your rights and figure out the next steps.
The Legal Theory of Product Liability
Product liability laws relate to the idea that a manufacturer has responsibility for making and selling a safe product, which means they can be held accountable if a consumer sustains injuries because of a preventable issue.
Under a strict liability theory, anyone involved in the chain of production and distribution could be held liable for a defective product, including a seller, manufacturer, or other entity. Consulting with a product liability lawyer in FL can help you understand what parties could be involved in your legal claim.
Florida Product Liability Laws
Makers of products are responsible to the users of those products to think carefully about any hazards or issues that could cause danger when the product is in use. When there are defects with a product or when improper warnings have been given about known issues, a consumer possesses the right to bring a product liability lawsuit based on the specifics of the case.
Courts look at two issues in a product liability claim: issues with the product itself and negligence. The victim is responsible for showing the court that the product had a defect that created a dangerous condition for the consumer. This requirement includes claims based on:
- Defective design issues
- Manufacturing defect problems
- Marketing defects
To be successful with a product liability claim, the plaintiff must also prove a few aspects of the case, including accountable losses, a lack of proper warning, a connection between the injury caused and the product’s defect, and that the product was being used as intended when the issue occurred.
Are There Statutes of Limitation on Florida Product Liability Laws?
There are limits in each state about the maximum period of time from an accident or the discovery of an injury that define when a victim can file a product liability claim. This is known as the statute of limitations. Florida defines the statute of limitations as four years from the date of the injury or incident.
If you fail to bring your product liability claim during this period, the judge can dismiss the case on these grounds alone regardless of the strengths of other aspects of your case.
Understanding the Statute of Repose
A statute of repose is different from a statute of limitations. A statute of repose establishes a time limit based on the passage of time itself. In contrast, a statute of limitations is a time limit associated with the plaintiff’s injury or discovery of the injury. In Florida, the statute of repose is 12 years. What this means for victims is that you should consult with a product liability lawyer immediately after discovering your injury to have your case evaluated.
The Most Common Types of Injuries from Defective Products
There are many types of injuries that a consumer could experience as a result of a malfunctioning product.
Some of the most common injuries include:
- Burns and scald injuries
- Choking
- Broken bones
- Fractures
- Cuts
- Death
Even if you have a different kind of injury you’ve had to cope with due to a dangerous product, share this information with your product liability lawyer as soon as possible.
Contact Menendez Trial Attorneys
If you’ve already suffered hurt or injury, keep whatever remains of the product and any packaging or instructions that came with it. This information could be critical in your product liability case. You can’t afford to wait to get help from an experienced personal injury lawyer.
You deserve to know your rights and how to proceed with a claim. It can be very overwhelming with these injuries while also handling the legal aspects of your lawsuit. Hiring an experienced product liability lawyer can help you focus on your medical appointments and recovery plan while knowing that your case is moving forward either in negotiations for settlement or court.
Our professional team of experienced attorneys at Menendez Trial Attorneys cares about your rights. Contact us today at (305) 445-6500 to schedule a free consultation to discuss your case. We serve clients throughout Miami-Dade and South Florida.
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Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Menendez Trial Attorneys
113 Almeria Avenue
Coral Gables, FL 33134
305-930-7247
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