Top-Rated Florida Product Liability Lawyers | Florida Product Liability Attorney Nearly any product can cause harm, but it becomes a legal matter when the product is used as directed but still results in injury. Product liability lawsuits are filed when a product harms you or someone in your family because it was poorly made or marketed. Also known as defective product lawsuits, product liability lawsuits are complex in Florida. To build a case, you’ll have to determine how the product injured you and which manufacturer is responsible for your injuries. A product liability lawyer can help you determine who is to blame for manufacturing the product that injured you, as well as help you recover compensation for your injury or loss. Types Of Defective Products That Can Cause Injury The Consumer Product Safety Commission (CPSC) is the federal agency responsible for ensuring products bought and sold in the United States meet certain health and safety standards. In Florida and across the U.S., there are numerous products capable of causing injury. Although any type of product that is poorly designed or manufactured can potentially cause harm, here are a few examples that are commonly featured in Florida litigation: products that were recalled because of safety risks products used by children pools, hot tubs, or similar products prescription and over-the-counter drugs automotive vehicles medical devices If you’re injured by a consumer product in Florida, seek medical attention as soon as you can. This accomplishes two things: treating you for your injuries and creating an official record that your injury is connected to a specific product. Types Of Product Liability Cases In Florida In Florida and the majority of product liability claims across the United States, there are three categories that determine why a product is responsible for your injury: defective design, defective manufacturing process, and failing to warn of the risks. Defective Design In Florida, a product with a defective design is determined by a “consumer expectations test.” This test evaluates whether a product is unreasonably dangerous because it failed to protect a consumer when they reasonably used it as designed. If a reasonable person used the product as designed but was injured anyways, then the product is inherently flawed because of a defective design. In this case, a manufacturer is likely liable because they made and designed the product. Examples of defective design cases include: guards on a metal fan are too wide; a hand slips in and is injured by the blades a mechanical defect in a car’s brake system causes an accident a bed frame is made with unstable legs and collapses, injuring the sleeper Defective Manufacturing Process Manufacturing defect cases assert that the product caused someone’s injury because of an error in the assembly process. Even if a product is effectively designed to be safe, it can be defective by the time it leaves the manufacturing facility because of a mistake. Examples of manufacturing defect cases include: a plant uses the wrong bolts to secure a product a medication is contaminated with a toxic substance a factory uses the wrong color paint to highlight a safety risk Failure To Warn Also called marketing defects, failure to warn cases claim that the product did not come with adequate warning labels or instructions for use. As a result, this failure to warn led to the consumer’s injury when they used the product. If a consumer was made aware of the risks involved when using the product, they may have opted to choose a different product or use it with caution. Examples of failure to warn cases include: omitting a warning label on a product that poses safety risks failing to warn of child choking hazards in a small toy omitting handling instructions on potentially hazardous chemicals Our Featured Case Results Personal Injury Property Loss and Damage Claims Construction Negligence Labor Law Product Liability Medical Malpractice Car Accident 1 $47.4M Personal Injury Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 2 $42M Motor Vehicle Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 3 $9.55M Firearm Injury Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 4 $5.25M Hospital Negligence Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 5 $4M Personal Injury Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 1 $4.2M Property Damage Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 2 $2.5M Property Damage Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 3 $1.5M Industrial Explosion Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 4 $1.1M Property Damage Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 1 $3.9M Construction Negligence Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 2 $2.4M Construction Negligence Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 3 $2.3M 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court action begins. 5 $2,0M Sexual Harassment Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 1 $5.3M Pharmaceutical Negligence Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 2 $3.2M Product Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 3 $1.3M Drug Company Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 4 $1.2M Product Liability Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 1 $6.0M Medical Malpractice Settlement A resolution between disputing parties about a legal case, typically reached before court action begins. 2 $5M Orthopedic Malpractice Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 3 $3M Gastroenterology Malpractice Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 4 $2.25M Urology Malpractice Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 5 $1.7M Anesthesiology Malpractice Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 1 $42M Motor Vehicle Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 2 $15M Motorcycle Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 3 $6.1M Motorcycle Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 4 $2.3M Car Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. 5 $1.8M Truck Accident Jury Verdict The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. Find out if you have a case we could help you win Speak To a Specialist Who Are The Defendants In Florida Product Liability Lawsuits? The named defendants in product liability lawsuits in Florida depend on the specific details of the case. However, an injured consumer can seek compensation from one or more parties who share the blame in causing the injuries. This includes any party involved in the distribution chain, from manufacturers to retailers. Retailers Florida consumers buy products by going to a brick-and-mortar retail store or by purchasing items from an online retailer. When retailers put up a product and advertise it for sale, then it’s implied that the product is safe for use. Even if the retailer wasn’t involved in the manufacturing process, but sold a defective product anyway, they can be held liable for playing a role in your injuries. Manufacturers The manufacturer in a product liability case in Florida could be any party who was involved in marketing or designing the product. This could be a multinational corporation, a small business, or a single person working out of a make-shift workshop. Any manufacturer who contributed to producing the product could be named as the defendant. This includes the manufacturer of the whole product, as well as any manufacturer who designed a part of the product that ended up being defective. Types Of Product Liability Claims In Florida Florida courts assign blame in product liability cases by using one of two legal theories: strict liability and negligence. Strict Liability Claims Florida uses strict products liability to hold manufacturers to a certain standard of safety. Strict liability means that the injured party only has to prove that a defect in the product exists and that the defect was the cause of the person’s injuries. In Florida, courts tend to follow the strict liability theory. This means manufacturers could be held liable for damages even if the consumer used the product in an unreasonable way. Regardless of how the product was used, manufacturers and suppliers are responsible for the products they release on the market. Negligence Claims In Florida, negligence may overlap with strict liability. Negligence is the theory that shows up in most personal injury lawsuits and may be argued in Florida product liability claims to further prove your case. When it comes to product development, negligence can occur in several ways. Examples of manufacturer negligence in product liability claims include: failing to anticipate unintended product uses failing to warn consumers about underlying risks failing to comply with local or federal laws and regulations failing to put the product through safety testing Collecting Product Liability Damages In Florida The goal of a product liability lawsuit is for an injured consumer to collect compensation, or monetary damages, for their loss or injury. In Florida, there are some state laws that determine the kinds of damages you can seek and how much you can collect as an award. Florida’s Product Liability Damages Cap There are limits to the amount of punitive damages you can receive in a product liability lawsuit. Punitive damages seek to punish the defendant for gross negligence. In Florida, the cap for collecting punitive damages is $500,000, or three times the amount of monetary damages a plaintiff is awarded in a lawsuit. However, exceptions apply. If the court finds that the defendant was undisputedly reckless or fraudulent, or was motivated to put the public at risk because of financial gain, then the cap for punitive damages could reach up to $2 million, or four times the award. Florida’s Pure Comparative Negligence Rule The pure comparative negligence rule also applies to damages in Florida. This means that if you played a role in the accident, you can still file a lawsuit but the damages you receive could be reduced. For example, if you were 50 percent at fault for your injuries, then your awarded damages will be reduced by your share of the blame, or 50 percent. Florida’s Statute Of Limitations For Product Liability Lawsuits In Florida, the statute of limitations for filing product liability claims is four years after the time of injury. If someone was killed by the product, and a family member of the deceased files a wrongful death claim, then the timeline is reduced to two years. Like many legal standards, however, exceptions apply. If the consumer’s injury took time to develop, like cancer, then the plaintiff may have more time for filing a lawsuit. Both the discovery rule and the statute of repose may allow more time for filing a product liability claim. However, these legal options are complicated. To make sure you file in time, it’s crucial to hire a product liability lawyer in Florida. How A Florida Product Liability Lawyer Can Prove Your Case If you were injured by a product that was supposed to be safe, a lawyer can help you collect compensation for your injuries. A lawyer can help win your case in many different ways, from proving the required elements to debunking common arguments made by the defense. Proving The Elements Of Product Liability To win your product liability case, your lawyer must prove certain elements. In a straightforward strict liability case, your lawyer will have to prove that the product was defective and this defect led to your injuries. To prove negligence, your lawyer can help you show: you suffered injuries the product was defective the defect in the product caused your injuries you used the product as intended Arguing Product Liability Defenses In product liability lawsuits, there are common arguments the defense will use to disprove your claim. A Florida lawyer experienced in product liability claims can help refute these arguments. To disprove your product liability claim, the defense may argue: the product was modified or changed after it left the defendant the product was misused in an unforeseeable way, and this alone caused the injury the plaintiff was aware of the potential dangers of using the product and assumed the risk the plaintiff ignored the product’s instructions or warning labels the design, manufacturing, and marketing of the product was up to standards and flawless the defendant was not properly identified as the manufacturer associated with the part or product that caused the injury If the defendant can prove any of these defenses, then your lawyer will have to show a burden of proof to disprove these claims. Your product liability lawsuit in Florida is best served by an experienced personal injury lawyer who has tried several defective product cases. We Are Nationally Awarded Lawyers Contact Florin|Roebig To File A Product Liability Claim In Florida At Florin|Roebig, our multi-state law firm is based in Florida. Our team of personal injury lawyers have years of experience trying product liability cases in this state. We offer a free case evaluation to help you decide if you should move forward with a lawsuit. To get started with your free case evaluation, or to learn more about your legal options for product liability in Florida, contact the offices of Florin|Roebig today.
