Defective products should not make it to the market and harm innocent consumers. When they do, their designers and manufacturers should be held responsible for the harm they were allowed to cause.
Were you injured because of a defective product in Orlando, FL? If so, you may be entitled to compensation for the medical bills, lost wages, and pain you endured because of them. Payer Personal Injury Lawyers can help you recover compensation after being injured by the actions of product manufacturers, designers, and others involved in the distribution channel.
How Payer Personal Injury Lawyers Can Help With Your Product Liability Case in Orlando
When consumers are injured or killed because of a defective item, product liability lawyers can help ensure they are held accountable for their carelessness. Look no further than our Orlando personal injury attorneys.
With over 28 years of combined legal experience, Payer Personal Injury Lawyers is uniquely equipped to help injured product users recover compensation. When you hire us to handle your case, we can assist by providing:
- Case evaluation – We can discuss your legal rights and options during a free case consultation. We can listen to how the accident happened and navigate the pathway in front of us.
- Communication – We can handle communications with insurance companies, attorneys, and other parties on your behalf. This allows you the space and time to heal from your injuries and also prevents you from saying anything that might harm your case.
- Investigation – Our team has the resources and expert networks to determine how a product was defective and how this defect caused your injury.
- Negotiations – Our team has successfully recovered over $100 million for our deserving clients, in large part because we know how to properly value claims and fight for fair recovery through aggressive negotiations.
We offer a free consultation to discuss your legal rights and options with one of our skilled Orlando product liability lawyers. Call us today for your free case review.
Florida Product Liability Cases
In Florida, product liability cases generally fall into one or more of the following categories:
A design defect is an inherent flaw in the design that makes a product unreasonably unsafe when it is used for its intended purpose. All of the products are defective with this type of case.
A manufacturing defect occurs when a problem arises during the production process. This causes flaws in some – but not all – of the products. These mistakes occur when there is a deviation from the product’s design. Quality control measures can sometimes catch when these defects arise, but not always.
A warning defect occurs when there is a problem with how a product is marketed or packaged. Examples of these defects include:
- Insufficient warning labels
- Missing instructions
- Incorrect instructions
Manufacturers, distributors, and retailers have a duty to provide safe products to consumers. When they breach this legal duty, they can be held responsible for the harm they cause.
Importantly, product liability claims usually fall under the category of strict liability. This is a different type of personal injury claim than negligence, which is the category most fall under. With a strict liability claim, you do not have to prove any wrongdoing on the part of the product manufacturer.
Who Is Responsible for My Product Liability Injuries in Orlando?
Florida law allows you to seek compensation from any party involved in the defective product’s distribution channel, which may include:
- Manufacturers – You may be able to name one or more manufacturers in a defective product claim, depending on what defects lead to the injury. The defective product could contain different components that could have caused the injury, such as is the case in accidents involving defective motor vehicles.
- Wholesalers – Wholesalers are responsible for ensuring products are safe to use, so they can be named in product liability cases.
- Retailers – The retailer who sold the defective product could also be named in a product liability claim. Retailers provide certain implied warranties, including that the product is safe to use for its intended purpose when they sell it.
A knowledgeable product liability lawyer can review your case and determine all of your legal options for pursuing compensation for your injuries.
We Represent Clients In All Product Liability Matters
Any type of product can potentially be defective and form the basis of a product liability claim. At Payer Personal Injury Lawyers, we can represent clients who have been injured by various defective products, including:
- Pharmaceutical products
- Hip implants
- Children’s products
- Household cleaners
- Safety equipment
- Beauty products
Our team can investigate your claim and fight for the money you deserve.
What Damages Can Be Recovered in an Orlando Product Liability Case?
Damages are the losses you suffer because of a defective product accident. These damages are supposed to make you whole again after being injured because of someone else’s negligence. Depending on the circumstances, this could include compensation for:
- Current, past, and future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Disfigurement and scarring
- Loss of quality of life
We can analyze your case and determine all of the damages we can seek in it.
What Do I Have To Prove in a Product Liability Claim?
Depending on the legal theory, you are asserting, what you have to prove in your case can vary. Generally, you must be able to show the following:
- The product had a manufacturing, design, or warning defect that rendered it unreasonably dangerous
- You suffered physical injuries and losses the court can compensate you for
- The product defect caused the injury
- The injury would not have occurred but for the defect
- You used the product for its intended purpose
A careful analysis of the accident and evidence of the manufacturing and design process can help prove these elements.
What if I’m Being Blamed for My Defective Product Injuries in Orlando?
One way that insurance companies, manufacturers, and others try to dodge liability for a defective product case is by blaming the victim for the accident. Under Florida’s modified comparative negligence rule, your partial responsibility for the accident does not bar you from seeking compensation for your injuries as long as you are not found more than 50% at fault for the accident.
However, your negligence can reduce the amount of damages you can recover because your compensation is reduced by your degree of fault. An experienced lawyer can defend you against claims that you caused or were partially responsible for the accident.
How Long Do I Have To File a Product Liability Lawsuit in Florida?
Each state has its own time limit for how long someone has to file personal injury lawsuits, including those for defective products. In Florida, the statute of limitations is generally up to two years after the injury. However, it is not always clear that a defective product caused an injury. In these situations, the time limit to file a lawsuit is usually two years from the date of discovering the defective product caused the injury.
However, Florida also has a statute of repose, which sets an ultimate time limit for filing this type of claim at 12 years in most cases. However, note that there are exceptions to these general rules. An experienced lawyer can review your case and determine the filing deadline that applies to your case.
Contact Our Orlando Product Liability Lawyers for a Free Case Review
If you were injured by a defective product, it’s essential that you seek medical attention for your injuries. Next, reach out to an experienced Orlando product liability lawyer at Payer Personal Injury Lawyers who will work diligently to ensure your rights are protected and you will have the money you need for your medical bills, lost wages, and other losses.
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