Florida Product Liability Attorney
When you purchase or use a product, you trust that it is reasonably safe and that any risks associated with its use are clearly stated. If that is not the case and you suffer harm, you may be entitled to file a claim against liable parties for your losses. To have a chance to recuperate your losses, it’s important to hire a product liability attorney in Florida.
At Kennon Law, our team has more than 30 years of combined experience helping people who have been hurt by dangerous or defective products throughout Florida. We are a dedicated group of attorneys who can help you through the process of filing a claim so you can focus on healing from your injuries. Learn more about product liability and why a lawyer can be essential.
Understanding Product Liability
Product liability is a legal concept that allows consumers the chance to hold product designers, manufacturers, distributors, and retailers responsible for the harm caused by something they sell. At its core, product liability is based on one premise: those who make or sell products have a duty of care to ensure that their products are safe.
If this duty of care is breached and someone gets hurt, it’s possible for the victims to begin a personal injury claim and recover compensation. Product liability claims function under strict liability laws. This means you don’t have to prove the defendant’s mental state or intent. They are automatically liable for the resulting harm if you can demonstrate that the product was defective.
In Florida, the statute of limitation for these cases is two years from when you discovered or should have reasonably discovered the injuries. This is important for cases in which a condition appears after years of using a product, such as a medication.
Types of Defects
There are a few different types of product defects a product liability attorney in Florida can deal with.
Design Defects
A design defect occurs when the product’s design is faulty from the start. In these cases, there is no manner in which the product can be safely used. Design defects will typically affect all products that were created using the same plan. Examples would be children’s toys that present choking hazards or power tools that don’t have sufficient safety guards.
Manufacturing Defects
With a manufacturing defect, the product was designed correctly but something occurred during its manufacture that introduced a safety problem. This type of defect typically affects only products that were made at the same time, though it’s possible to have numerous batches of products that suffered identical problems.
Examples of common manufacturing defects are foods or medications that have been contaminated or products that were manufactured with low-quality materials instead of those recommended by the designer.
Marketing or Design Defects
Designers, manufacturers, and retailers must alert consumers of every possible danger associated with the products they make. They must offer clear instructions on its use.
These types of defects are different from the others because the product is not faulty. The marketing and labeling make its use unsafe. Common marketing defects include medications that don’t offer sufficient side effect warnings or cleaning products that don’t warn about the danger of mixing them with other chemicals.
Let us help
Need legal assistance? Our experienced team is here to guide you through personal injury and insurance claims. Contact us today!
Why File a Product Liability Lawsuit?
Suffering serious injuries because of a dangerous or defective product can mean dealing with medical bills, lost wages, and a variety of other losses. This can result in significant strain on your finances and could even impact your quality of life. Although holding the liable parties responsible won’t erase the harm you have sustained, it can remove that financial weight from your shoulders.
At the same time, making use of product liability law and filing a lawsuit can mean helping others avoid the same injuries you suffered. It will prompt the designer, manufacturer, or retailer to change how the product is made or advertised.
The Role of a Product Liability Lawyer
Having the help of a products liability claim lawyer is vital when filing a lawsuit. One of the first things our team at Kennon Law offers is assistance in investigating how the product caused you harm. This makes it easier to pinpoint who we can hold liable for what you’ve suffered.
By understanding liability, we can then give you an idea of what your claim is worth. We’ll take into account the financial losses you’ve suffered as well as the physical and emotional distress you’ve experienced. If you’ll have to deal with long-term consequences, such as the inability to return to work, your product liability attorney will include that in the compensation you demand.
Proving that a product is defective is not simple. Often, it requires presenting technical explanations of why the problem arose and why the product should be considered defective. To accomplish this, you need expert witnesses. An experienced product liability lawyer will have contacts within many industries who can provide their testimonies.
One of the most important things a product liability attorney can do is communicate with the responsible parties and their insurers. Negotiating with insurance companies is never simple. They may try to pin the blame on you by stating that you used the product incorrectly. With a law firm behind you, it can be easier to fight back against these accusations.
Our team can also help by assessing what an appropriate settlement offer is. If that’s not what the insurance company offers, or if they refuse to continue negotiating, we can also file a lawsuit against the defendant. This legal process is lengthier, but it may be the only choice you have. You should never attempt to litigate a dangerous products lawsuit on your own.
Compensation in Product Liability Lawsuits
Product liability claims allow you to receive financial compensation for your losses. You can demand economic and non-economic damages.
Economic damages offer financial support for quantifiable losses. They address medical expenses, including future ones, as well as other out-of-pocket costs and lost income. If the injuries are severe enough to keep you from returning to work or prevent you from working in the same capacity, you can get compensation for loss of earning potential too.
Non-economic damages in defective product cases cover losses that are more subjective. They address pain and suffering and loss of enjoyment of life. In the event of a wrongful death because of a product’s defect, you can also seek compensation for the loss of support and companionship that you have suffered.
What to Do After Being Injured by a Defective Product
If you’ve been injured by a defective product, there are a few steps you should take to help your claim succeed.
Get Medical Care
The first and most important thing our product liability attorneys recommend is to get medical assistance. Even if you’re not sure whether your injuries are serious or not, getting medical care allows you to ensure you’re safe while also leaving a record of what you suffered. Take care to maintain clear and thorough records of all of the treatments you receive and their associated expenses.
Preserve the Defective Product
If possible, keep the defective product. It’s a critical piece of evidence that can significantly help your claim. Avoid repairing or modifying it. Keep all of the packaging, instructions, and anything that came with it, especially if you are filing a claim for failure to provide adequate warnings. If you still have the receipt, that can also be evidence that shows where and when you purchased it.
Document the Incident
Take pictures of all of the injuries you suffered. If the product caused property damage, take photos or videos of that as well. As soon as possible after the incident, write down a detailed description of what you experienced.
If there were witnesses when the product malfunctioned, get their statements. Your product liability attorney in Florida can rely on these testimonies later on.
Hire a Defective Product Lawyer
You should immediately hire an attorney to help you with a product liability claim. These are not simple legal processes to begin with, so it’s vital that you rely on someone who understands Florida law.
Your lawyer will assess your claim and help you find out what type of defect the product had. Establishing this information will make it easier to pinpoint who is liable for your losses.
Our Expertise in Product Liability Cases
At Kennon Law, we have a proven track record with product liability claims. Our team of attorneys can help you gather evidence and present a robust case so you have a chance of recovering financial losses. We have years of experience negotiating with big companies and corporations, and we won’t shy away from a fight if that’s in your best interests.
Contact our team of product liability attorneys at Kennon Law to schedule a free consultation.
Frequently Asked Questions
If you have suffered injuries because of a dangerous product, we have answers to common questions.
How Long Do You Have to Sue for Product Liability?
In Florida, you have two years from when you discovered or should have reasonably discovered the injuries you suffered.
How Do You Prove a Product Liability Case?
To prove a product liability claim, you will need to present evidence that you suffered injuries because the product didn’t work as intended. You can use photos, the product itself, and expert witnesses who can explain how the malfunction occurred.
What Does Products Liability Mean in Law?
Product liability is an area of the law that allows consumers who have suffered losses because of defective products to hold designers, manufacturers, retailers, or distributors responsible for their injuries.
What Is a Valid Defense to a Product Liability Claim?
One of the most common defenses that liable parties choose is to claim that the consumer didn’t use the product correctly. They can try to claim that the injuries resulted from negligent use, not from any defect in the product itself.
Can I File a Product Liability Claim if I Was Injured by a Product I Purchased Secondhand?
You may still be able to file a product liability claim, though likely not against the designer or manufacturer. If the seller knew that the product was defective and sold it anyway, you could hold them liable for your injuries.
What Types of Damages Can I Recover in a Product Liability Case in Florida?
You can claim economic and non-economic damages. Economic damages compensate you for financial losses like lost wages and medical bills, while non-economic damages cover pain and suffering and loss of enjoyment of life.
Can I File a Product Liability Claim Against a Manufacturer or Just the Retailer?
You can file a claim against the manufacturer if the defect occurred during the process of making the product. If the retailer knew that the defect existed or didn’t offer appropriate warnings and instructions and sold the product anyway, they could also be liable. That’s because retailers must perform their due diligence on the sources of their products.
Can I Pursue a Product Liability Claim if the Injury Resulted From Misuse of the Product?
Most of the time, no. However, if you misused the product in a way that should have been expected by the designer or manufacturer and you suffered losses, then it may be possible to receive compensation. For example, if a child’s toy could easily be pulled apart into very small pieces that become choking hazards, the misuse should have been expected and addressed by the designer.
How Can a Product Liability Attorney Help if My Claim Is Denied by the Manufacturer’s Insurance Company?
The next step that your lawyer can help you with is to file a lawsuit. This means litigation and a lengthier process, but it’s often the only way to recover losses if the claim has been denied.
What Should I Expect During the Initial Consultation With a Florida Product Liability Attorney?
During your first consultation, your attorney will ask you about the incident that led to your injuries and examine the evidence you have. You will have a chance to ask questions of the lawyer and get a sense of how they communicate and their experience with these types of claims.
Testimonials
Awards & Honors
Contact us now
Have questions or need legal assistance? Contact Kennon Law today for expert guidance on personal injury and insurance claims.
