Florida Product Liability Lawyer
Located in Orlando, Ocala, Daytona, Melbourne, Tampa, Bradenton, Fort Myers, Naples, Jacksonville, Miami, Fort Lauderdale & West Palm Beach
Every year, thousands of Americans are injured, maimed and even killed by products that are poorly designed and manufactured. Cribs that asphyxiate infants, tires that detread and explode, and cars that rollover are but a few of the more well known examples of products that cause injuries and death. According to the Centers for Disease Control and Prevention (CDC), poisoning is the leading cause of accidental deaths within the U.S.; many of those poisonings are caused by unsafe products and substances that were used as intended. Many medical devices and drugs fall under the category of product liability. New products are coming into the market every day. Contact our Florida product liability lawyers for more information, we have offices in Orlando, Fort Myers, Tampa, Jacksonville, West Palm Beach, Fort Lauderdale & Miami.
If you are seriously injured by one, it is worth looking at the design, the manufacture, the instructions and warning that came with the product to see if your injury could have been prevented.
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Defining Florida Products Liability
According to Florida statutes 768.81, “Products liability action means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.” As you can see, it is important that you preserve the product, its packaging, and any warnings, instruction manuals, or user manuals to use as evidence. Additionally, according to Florida statutes, “The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action.” For example, if you were lifting a set of weights and injured your back, it could well be argued that lifting any type of weight could have resulted in a back injury. However, if we can show that you injured your shoulder because a clasp holding the weight on the bar broke unexpectedly and caused the injury, which would not have occurred otherwise, then we have grounds for a products liability lawsuit.
Who is Responsible for Causing You Injury and Who Will be Held Responsible for Damages?
Usually, there are up to three parties that may be responsible for injuries or illnesses that you sustained from an unsafe product: the manufacturer, the designer, and the retailer. If the product was used as intended and there was some flaw in the design that caused your injury, the designer will be held accountable for damages. If the product had a safe and solid design, yet broke or was not produced properly in another way, the manufacturer will be held accountable. Often, the designer and manufacturer can be the same. Thirdly, if the retailer sold the item to you knowing full well that the product had a defect, they may be held accountable. The experienced Florida product liability lawyers at Pendas Law will discover and aggressively pursue the negligent party that was responsible for the defective or unsafe product that injured you or lead to the death of your loved one.
Contact Our Experienced Florida Product Liability Lawyers Today
Remember to keep everything that comes with the product, including receipts, brochures, instructions, and of course, the product itself. Give our Florida product liability lawyers a call and let us have a look at it.