Product Liability Lawyers in Pompano Beach

Dealing with an injury or illness due to a faulty or defective product can be stressful or even traumatic. You may be confused about what to do next — or what your legal rights are.

So, what should you do if a product causes you or a loved one harm? Thankfully, the law protects consumers from negligent corporations and manufacturers that release unsafe items on the market, and you may be entitled to financial compensation and other damages.

We often see cases where people in Pompano Beach are harmed by dangerous, defective, or flawed products, and our experienced team is ready to fight your case and hold the party responsible accountable. If you find yourself in this situation, please contact us to get the legal representation you deserve.

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Product Liability, Explained

As consumers, we expect products to undergo rigorous safety controls to ensure their safety, however, products sometimes pose a risk of harm to users. These include defective airbags, unsafe drugs deceptively marketed to consumers, and medical devices with manufacturer flaws. In our experience, product liability cases are more common than people might think.

Product liability law is an area of the law that holds a party responsible for injuries caused by a product to an individual or group of people. Those parties include manufacturers, distributors, and retailers. Product liability law is part of tort law, which deals with civil wrongdoings.

The whole point of product liability legislation is to protect consumers like you. If something bad happens to you after using a product, you may be able to sue for damages with the help of a reputable law firm in Florida. These damages include:

• Economic damages: Financial losses like lost wages and medical bills
• Non-economic damages: Intangible losses like pain and suffering
• Punitive damages: Awarded by the court if a party’s behavior is harmful

When companies fail to provide consumers with safe products, a product injury lawyer in Florida can make sure they are held accountable for their actions or inactions.

What Counts as a Product Liability Case?

In 2023, 12.7 million people were treated in hospitals for injuries resulting from consumer products, according to the National Safety Council. Whenever an individual suffers an injury due to a product they’ve used, the company responsible must be held accountable. This is known as a product liability case. Product liability covers any product that is involved in accidents due to some malfunction of the product’s original purpose. The law is in place to protect consumers from these harmful or defective products.

When you suffer an injury caused by a defective product, an experienced South Florida product liability lawyer can help fight your corner. These kinds of cases normally involve contingency fees, which means you’ll only pay a lawyer if your case has a successful outcome.

When a Defective Product Becomes a Legal Matter

Here are some situations in which a defective product could lead to a potential legal claim:

Breach of Warranty

Many products come with written warranties. Certain products are also subject to warranties implied by law. These may include a warranty of merchantability, which is a type of warranty that asserts a product is reasonably fit for its intended purpose. In other words, it’s not defective or unsafe. Another warranty implied by law is the warranty of fitness for a particular purpose, which guarantees a product is suitable for the buyer’s specific intended use.

If in any situation, a product fails to meet the terms of its warranty, a breach of warranty occurs, which could provide the basis for a product liability claim.

Negligence

When we talk about a company’s negligence, we’re referring to its failure to take reasonable care to prevent injured consumers. That’s how fault is determined. Negligence claims can relate to design defects, the manufacturing process, the security or inspection process, or even the negligent marketing of a product. If a company is negligent in any of these ways, you may be able to sue them.

Strict Liability

Sometimes, the sale of defective products can be liable on a ‘no-fault’ basis, which means a plaintiff does not need to prove negligence but only to prove that an injury occurred due to the manufacturer’s faulty product. In this case, inadequate instructions, flawed design, or the use of poor materials may lead to a potential legal claim.

Florida Laws That Protect Injured Consumers

There are protections for consumers who suffer injuries from defective products both on the federal and state levels. Here in Florida, there is no single product liability law but rather a combination of statutes and common law principles that can hold manufacturers and other third parties accountable for their actions.

The statute of limitations for product liability varies from state-to-state. In Florida, it’s four years from when an injury is (or should have been) discovered. We also have a 12-year statute of repose, which extends the time limit in which someone can make a product liability claim. However, this is subject to various exceptions. For example, if someone tries to sue a company because of a latent illness or injury — one where symptoms don’t immediately appear — the statute of repose doesn’t apply.

As you can see, the law in Florida is complex, so you’ll want to work with a reputable defective product liability attorney who understands how to navigate these various parts.

Common Products Involved in Liability Claims

Common product liability claims in Florida vary. As consumers, we have the right to demand companies be held responsible for their faulty products and the injuries they may cause.

Here are some products that are commonly involved in claims:

• Toys: Children are sometimes at an increased risk of injuries from certain products. Toys, for example, may contain small parts that pose choking hazards, so parents must be extra cautious. Manufacturers need to ensure toys are safe before releasing them onto the market. Otherwise, they could be accountable for the damages.
• Electrical items: Whether it’s a toaster or television, electrical products can lead to serious injuries if they malfunction. Products that are poorly made or fail quality standards may overheat, cause electric shocks, or result in other issues.
• Medicine: Drug manufacturers must clearly list the side effects associated with their products. Otherwise, they could be accountable if a patient experiences harm.

Read More: The 13 Most Notorious Defective Products in Recent History

Types of Defects That Lead to Lawsuits

When a product causes harm to an individual, it’s usually because of one of three types of defects:

Manufacturing Defects

This happens when something goes wrong during the manufacturing process. For example, a food item might be contaminated on an assembly line, putting consumers at risk of illness.

Design Defects

A design defect means there was something wrong with a product before the manufacturing process even took place. For example, a poorly designed automobile part may pose a risk to drivers.

Failure to Warn or Instruct

Manufacturers must provide clear instructions on how to safely use their product. If they fail to disclose potential risks associated with an item, or don’t properly identify them on a warning label, an injury may occur; this can result in a product liability claim.

Who’s Legally Responsible for a Defective Product?

Various third parties in the supply chain may be responsible for a defective product and the potential injuries it could cause:

• Manufacturers: These parties design and make products. If something happens during the design or manufacturing process, such as the use of unsafe materials, you may be able to sue a manufacturer for an injury.
• Distributors: Companies that distribute products to retailers may be liable if they deliver a defective product or fail to handle or store it properly.
• Retailers: Even if they don’t manufacture defective products, stores can still be liable if they sell them to the public.

In some circumstances, multiple companies may share fault in a product liability case. For example, a manufacturer creates a product with faulty parts. The distributor is aware of these defects but still delivers them to retailers. Here, both the manufacturer and distributor are potentially responsible for any harm that may occur.

Steps to Take After a Product-Related Injury

If you or a loved one has experienced an injury from a defective product, here are some things you should do immediately:

• Seek medical attention: Before you do anything, get evaluated by a medical professional. Even small injuries might be more serious than you think.
• Preserve the product: If it’s safe to do so, keep the product that caused your injury in its existing condition. It may serve as important evidence for your claim.
• Document injuries: Take photos or videos of your injuries and keep any medical records and other information given to you by a medical professional.
• Contact an attorney: A professional product liability attorney can guide you through the next steps and help you understand your legal rights.

Proving Fault in a Product Liability Case

It may be difficult to prove fault in a product liability case, so you’ll want to gather as much evidence as you can. This may include photos and videos of the defective product, including its original packaging. Try not to throw anything away, as your product liability lawyer and eventually a judge may want to inspect the item. Also, keep receipts, written warranties, and any other information you have.

If anyone witnessed your injury, they could confirm what happened and support your version of events. Witnesses may include family members who were with you at the time of the injury or any bystanders if the event occurred in a public place.

Expert testimony could further strengthen your case. For example, a medical professional may explain the extent of your injury and its impact on your day-to-day life.

In personal liability claims, the burden of proof usually lies with the plaintiff, which will be you if you decide to take things further. Collecting evidence and getting witness testimonies could increase your chances of winning your case.

Build Your Product Liability Legal Team

If you or someone you know has experienced an injury due to a defective product, the first step is to contact a product liability injury law firm like Long & Jean, P.A. to evaluate your case and whether you have a potential claim. Navigating a product liability claim can be challenging, since most companies are located in different states, countries, or continents.

Defective products and product liability claims can be filed by individuals or as part of a class action or multi-district litigation. Determining if you should join a class action or file an individual claim can also be complex. Our product liability attorneys can help you navigate legal issues to ensure your rights as a consumer are protected.

Here at Long & Jean, P.A., we have experience with complex product liability claims, litigation readiness, and fighting large companies.

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