FLORIDA DEFECTIVE PRODUCT ATTORNEY

Each year, millions of products are purchased and placed into the stream of commerce.  When we buy a product, whether it be a power tool, cell phone, or even a brand-new car, we have certain rights and expectations about the safety of that product.  As a consumer, we decided to spend our hard-earned money on this company’s product and in exchange, we expect that the product we are using is safe and reliable. Although technology has advanced tremendously, from time to time, product mishaps do happen.  When they occur, they often leave the consumer with significant injury from the defective product.  It is important to hire an experienced Florida Product Liability Attorney to obtain a financial recovery for you. 


TYPES OF DEFECTIVE PRODUCTS LAWSUIT 

Defective products cases can be found in three different ways: 

NEGLIGENCE:

The most common is negligence.

To prevail on your Negligence claim, your defective product attorney must prove that:

(1) A duty of care owed by the defendant to the user of a product or a foreseeable person in the area.

(2) Breach of that duty, meaning that the defendant’s conduct falls below the applicable standard of care for the activity in which he is engaged.

(3) The breach caused injury to the Plaintiff.

(4) Damages.

Your defective product attorney must show that the company had a duty to provide the consumer with a safe product and that they breached this duty.  Sometimes this is proven by establishing that the Company knew that the product was defective and still moved forward with production and selling it. We must finally prove that the product was the cause of the injuries and damages occurred.

Product development and production is tedious and extensive.  Development of a product can take years before a product is put into the stream of commerce for purchase.  Negligence can occur in one of the many steps within the production line, such as:

  • Drawing up or reviewing product plans

  • Ensuring machinery is reliable for proper production of products

  • Failing to inspect the product properly

  • Releasing the product to the mainstream prior to perfection of design

STRICT LIABILITY:

When your product liability attorney is presenting your case under a theory of strict liability, the attorney only needs to prove that a defect in the product does exist and that the injury was caused by that defect. The seller, distributer, or manufacturer can be held liable for the injuries to the consumer, regardless of whether the Companies involved in the creation/distribution of the product exercised caution and avoided any negligence. 

BREACH OF WARRANTY:

When Companies put products out into the world for us to purchase, there are two types of warranties that the buyer is reliant upon:  

  • Express Warranty – An explicit representation of the product’s reliability and safety made by the manufacturer or retailer.

  • Implied Warranty – Any implied representation from the manufacturer of the product, that if used as directed, will not cause any harm or danger. 

The breach of warranty cause of action covers any person who would reasonably be expected to use to product.

DETERMINING WHO IS AT FAULT FOR A DEFECTIVE PRODUCT

Each case is different. However, many cases include multiple entities that are responsible for your injuries. Manufacturers, wholesalers, and retail outlets can be held accountable for defective products. Some or all of the parties involved in the product distribution chain can be found responsible.  It is paramount that your product liability attorney investigates and hires experts to determine each and every entity that is responsible for your injuries. 

Some of the entities that may be responsible are:

MANUFACTURER: 

Manufacturers come in all shapes and sizes. The manufacturer can range from a few people working out of their home, to a multi-national corporation. Any party involved in the design or marketing of the product can be considered part of the manufacturing process. If the product is multi-faceted, this can include the manufacturer of the one specific part, or the entire product. 

Within the line of production, there are many ways the defect can occur, most commonly with:

DESIGN:

It is the job of the manufacturer to ensure that the product design will not harm the consumer. If the product has any inherent danger, the consumer must be warned, or the product must be designed in a way that will ensure the consumer’s protection.

MANUFACTURING:

An error in manufacturing means that the defect issue arose from the manufacturing creation process. The defect can occur in a single instance of a product flaw while the other products are fine or it can occur in multiple products being flawed.

WARNING:

Many products come with warning labels instructing the consumer on the proper usage of the product.  Those labels alert consumers about possible dangers that could arise from using it. Failure to properly instruct or warn the consumer about these potential issues can lead to harm. Just because a company has a warning a product does not completely negate a company’s liability for product safety. 

RETAILER: 

The retailer is the person or place that sold the product. A retailer gives the consumer the go-ahead that the product is safe for use, hence its availability for purchase. Purchasing of a defective item from a retailer, regardless of the retailer’s involvement in the manufacturing of the product, can hold the retailer liable for damages. When making a case against a retailer, you don’t need to be the one who purchased the product or even used the product – you could just be an innocent bystander who was injured. 

WHOLESALER:

The wholesaler is the entity who passes the product from the manufacturer to the retailer. Like the retailer, regardless of their involvement in the creation of the defective product, they can also be held liable for damages.


DAMAGES FOR A DEFECTIVE PRODUCTS LAWSUIT

Damages for the injured party may be able to recover compensation for things such as: 

  • Medical costs, both present and future

  • Lost wages, both past and future

  • Pain and suffering

  • Punitive Damages

Compensatory Damages:  These damages are intended to make the plaintiff “whole” again after the accident or injury. 

  • Economic Loss – Economic losses encompass any calculable out-of-pocket expenses or financial losses, such as medical costs incurred, future medical costs, disability income, lost wages, and loss of future earning capacity.

  • Non-Economic Loss – Non-economic losses typically include anything that cannot be determined monetarily. These typically include pain and suffering, mental anguish, , loss of consortium and loss of life’s enjoyment.

Punitive Damages: These types of damages aren’t calculable in the same manner that compensatory damages are. Punitive damages are designed to punish the company and deter them from further incidents in the future. In defective products cases, they are typically only present when the defendant has been shown to act with wanton and reckless disregard.


CLASS ACTION LAWSUITS FOR DEFECTIVE PRODUCTS

While a defective products lawsuit can be filed on behalf of one person, there might be many other people out there that may suffer similar damage caused by the same defective product.   When there are many people with similar injuries, a class action lawsuit might be more appropriate.

Class action lawsuits aren’t typically filed if each consumer has suffered unique injuries not related to each other. When the injuries to many people are similar in nature, a class action lawsuit for a defective product may be the best course of action to take. In a class action lawsuit, a small group of attorneys will represent a group of hundreds, or even thousands of people who have suffered similar injuries. 

 

HIRE A FLORIDA DEFECTIVE PRODUCT ATTORNEY TODAY

The Law Office of Arye P. Corbett represents injured victims in Boca Raton, Fort Lauderdale, West Palm Beach, and all over the state of Florida. 

Contact our defective products law firm today to discuss with a defective products lawyer how we can help you pursue your defective products claim. The Law Office of Arye P. Corbett is always here for you and will gladly come to you to meet in-person. Our consultations are completely free and require no commitment. We will discuss your options and rights, and decide together, what to do next.

We look forward to hearing from you.

Contact our office today by calling us at 561-948-3700 or by sending an email to arye@yourbocalawyer.com.