Imagine you bought a space heater that was faulty to stay warm in a cold Florida winter. Instead of providing warmth, the heater malfunctions, sparking a fire that causes serious burns. Unfortunately, this is the reality of many consumers when they encounter defective products. Here’s what to do if you have been injured by a defective Florida product.
The Scope of the Problem
It’s surprising how many products have defects. According to the U.S. Consumer Product Safety Commission, in 2023 12,7 million people will be treated at emergency departments due to injuries caused by consumer products. Defective product lawsuits make up a large portion of Florida’s personal injury claims.
Understanding Product Liability Claims
The law of product liability holds retailers, manufacturers, and distributors accountable when they place unsafe products into the hands of consumers. Product liability claims fall into three categories:
- Manufacturing defects: This occurs when a defect is found during production, making the product inherently hazardous. (e.g. a faulty component of an electric space heater).
- Design Flaws: Even when manufactured perfectly, a product’s design is still unsafe. (e.g. a toy for children with easily removable parts).
- Failure To Warn: This is when a product does not have adequate instructions or warnings about possible dangers. (e.g. medication with unclear information about side effects)
Florida Strict Liability Laws
Florida has a strict liability standard when it comes to product liability. A plaintiff (injured party) does not have to prove negligence on the part (of the defendant) (manufacturer or distributor). They only need to prove:
- The product is defective.
- Their injury was caused by a defect.
This is a big advantage to plaintiffs when compared with other states.
Unique challenges in defective product cases:
These cases are complex, even though strict liability is advantageous. Consider these challenges:
- Gathering evidence: Plaintiffs must prove that the defect was present and caused the injury. Expert witnesses may be needed to analyze the product in order to link the defect with the injury.
- Recalls of Products: The mere fact that a product has been recalled does not guarantee success in a lawsuit. You will still have to prove that the product you used is part of the recall and that your injury was caused by it.
- Statutes of Limitations. Florida’s statute of limitations is four years. You have typically four years to file a claim from the date you were injured. Do not delay seeking legal advice.
Legal Expertise is Important:
Legal issues can be complex and difficult to navigate in defective product cases. A Florida product liability lawyer can:
- You can help investigate the defect in a product and collect necessary evidence. This could include locating possible expert witnesses.
- Learn and apply Florida product liability laws.
- You may need to negotiate with the insurance company on your behalf. They might try to reduce your compensation.
- Negotiate an equitable settlement, or represent you at court if needed.
Protecting Yourself After a Defective Product Injury
Here are the first steps you should take if you have been injured in Florida by a defective item:
- Seek medical attention: It is important to document and link your injuries to the defect in the product.
- Do not throw away the product: Keep it! This is important evidence in your case.
- Report an Incident: Document your complaint and report the incident if possible to the retailer or manufacturer.
- Contact an attorney: Consult an experienced product liability attorney to discuss your legal options.
Finding Justice After a Defective Product Injury
A defective product can cause serious harm. It is a frustrating and frightening experience. You don’t need to face this alone. Understanding your rights and seeking advice can help you pursue compensation and hold responsible parties accountable.
https://wleeclark.com/ is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, defective product lawyer near you, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!