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Florida Personal Injury

Daytona Beach Product Liability Lawyer

Florida Product Liability Attorney Representing Clients in Daytona Beach

Were you injured after using a defective consumer product? Consumer recalls occur with some frequency, with dangerous products like medications, household cleaners, children’s toys and clothing, furniture, makeup, and other items recalled regularly due to injury risks. If you or someone you love got hurt after using a consumer product, you should speak with a Daytona Beach product liability lawyer about filing a lawsuit. 

What is Product Liability Law in Daytona Beach?

Product liability law is a particular area of personal injury law that allows injury victims to file a claim after being harmed by dangerous or defective products. When a consumer product causes injuries because it is defective, there are numerous parties that may be liable for injuries, including the designer, manufacturer, and marketer of the product or any of its component parts.

While many types of personal injury claims are brought under a theory of negligence, product liability claims can vary. In many cases, product liability lawsuits are brought under a theory of strict liability. In other words, the injury victim does not need to prove that the defendant was negligent, but only that the defendant designed, manufactured, or marketed the defective product and that it caused injury. In other situations, however, a plaintiff may also file a product liability lawsuit under a theory of negligence. 

Types of Daytona Beach Product Liability Claims

There are three different types of product liability claims, according to the Cornell Legal Information Institute. They include:

  • Design defect: The defect in the product is inherent because there is something defective about the very design of the product or one of its parts.
  • Manufacturing defect: The defect is not inherent, but rather occurs in the manufacturing process. There is something defective about how the product or one of its parts was manufactured.
  • Marketing defect, or the “failure to warn” defect: This type of defect does not refer to something that is defective about the actual product, but rather something defective about how the product was marketed. Usually marketing defects involve a failure to warn about known risks associated with using the product. 

How Much Time Do I Have to File a Daytona Beach Product Liability Lawsuit? 

Every civil lawsuit in Florida comes with a time limit known as the statute of limitations. Under Florida law (Fla. Stat. § 95.11), most product liability lawsuits must be brought within four years of sustaining an injury. This four-year time window usually applies to product liability claims brought under theories of both negligence and strict liability.

While you might be thinking that four years is a long time and that you do not need to rush to file, it is extremely important to get started on your case as soon as possible. The more time that goes by before you file your claim, the more difficult it may be to gather the necessary evidence to help you win your case. Moreover, the longer you wait to file your lawsuit, the longer you will need to wait for the compensation you deserve.

Contact a Product Liability Lawyer in Daytona Beach

Do you need assistance with a defective product claim? An experienced Daytona Beach product liability attorney can assist you. Contact The Pendas Law Firm today to learn more about the services we provide to injury victims and their families in Florida.

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