Miami Defective Product Attorneys
Helping Victims of Defective Products Throughout the State of Florida
Manufacturers, distributors and retailers have a responsibility to make sure that their products perform as intended and are safe for consumers. However, despite numerous laws and safety standards, many unsafe products still make their way into the market, often causing serious injuries to unsuspecting victims in Florida and throughout the U.S. Young children and seniors are especially vulnerable, but thousands of individuals of all ages are injured each year by defective products in their homes, yards, and on the roads.
If you or a loved one has been seriously injured due to a defective or dangerous product, it’s important to talk with an experienced product liability attorney about what happened. You may be entitled to compensation for damages you suffered because of the defective product, and a skilled product liability attorney can help you obtain the substantial compensation you deserve.
The experienced product liability attorneys of Boyers Law have represented many clients injured by defective product accidents throughout Florida. We have a high level of experience and expertise in product liability law and know how to level the playing field against large corporations that inexcusably expose consumers to unreasonably dangerous products.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website to talk with an accomplished Florida product liability lawyer. We welcome the opportunity to put our skill, knowledge and resources to work holding the responsible parties accountable and advocating for the full, fair compensation you deserve.
Can I Sue If I Was Injured by a Defective Product in Florida?
Florida law allows you to sue the party or parties responsible for the defective product to recover the damages you suffered because of your product-related injury. Anyone in the “chain of distribution” of a product can potentially be held accountable for injuries caused by a defective product. In general, that includes any, or all, of the following parties:
- Designer of the product
- Manufacturer of the product
- Manufacturer of component parts used in the product
- Assembler or installer
An experienced Florida product liability lawyer from Boyers Law Group can help determine all of the parties responsible for the defective product in your case, as well as the compensatory damages to which you may be entitled. In product liability cases, it is not necessary to prove negligence on the part of anyone within the chain of distribution, since Florida applies what is known as a “strict liability” standard. That is, you need to show you were injured by the product, that the product was used as intended, and that it was defective in one of the following ways:
- Design – These defects occur when there is a flaw in a product’s conception, which is unreasonably dangerous. The flaws are often referred to as “intentional defects” because they are part of the original design of the product, but that term does not mean that the designer intended the product to be faulty. However, since the flaw is part of the product’s design itself, all of the products manufactured will be defective.
- Manufacturing – These are products that begin with a safe design; however, a defect is introduced into the product during the manufacturing process that causes an otherwise safe product to become a defective product. Because the defect is introduced during the manufacturing phase, only products manufactured at the same time and place will have the defect.
- Failure to warn – Some products cannot be made entirely safe because of the nature of the product itself. In these cases, the law imposes a duty to warn consumers of the dangerous nature of the product and the American National Standards Institute (“ANSI”) provides guidance and minimum standards for providing the requisite warning labels. Products such as appliances, power tools, and household cleaning products, for example, must have a warning label to alert consumers to potential dangers. If a warning is inadequate or missing altogether, it results in a “failure to warn” defect.
- Marketing Misrepresentation – Marketing misrepresentation occurs when advertising ads or marketing materials misrepresent how a product should be used or how it should perform. This category of case includes, among others, cases where the manufacturers, distributors and retailers breach their warranty to provide a product that is fit to be used for a particular purpose (aka “breach of warranty” cases).
What Kinds of Defective Products Cause Injuries?
Common examples of defective or dangerous products include:
- Defective automobiles (including defective parts: airbags, seatbelts and tires)
- Defective child seats and restraints
- Defective children’s toys and furniture
- Defective airplanes and helicopters
- Defective drugs or pharmaceuticals
- Defective medical devices and implants
- Defective swimming pools, pumps and drains
Manufacturers, distributors and retailers of these and all products have a legal responsibility to provide safe products for consumers. If defective or dangerous products enter the marketplace, the manufacturers and suppliers must notify consumers and, generally, recall the product or product line. Many times, these recalls are identified and catalogued by the Consumer Product Safety Commission.
If a defective product injures you or a family member, Florida law gives you the right to sue the responsible parties for damages, such as pain, suffering, medical expenses, diminished capacity to enjoy life and other damages recoverable under Florida law. An experienced Florida product liability lawyer from the Boyers Law Group can help you understand the legal process involved in a product liability lawsuit and advise you on your best course of action.
What Kind of Injuries Do Defective Products Cause?
Many different types of injuries can occur because of defective products, depending on the type of product and how it is used. However, the most common types of injuries include:
- Broken bones – When a product, such as a ladder or exercise equipment, unexpectedly breaks, it can lead to fractured bones for the victim. These injuries can require surgery and cause long-term problems for the victims.
- Burn injuries – Defective electrical appliances and faulty wiring can be very dangerous, causing fires or explosions and burning people who are close to them. Burn injuries can be exceedingly painful and can cause permanent scarring or disfigurement.
- Choking – When young children put small parts from broken toys in their mouths, suffocation or internal injuries and death can occur. These tragic injuries and deaths would be preventable if the products were not unreasonably dangerous.
- Injuries to Internal Organs – Defective pharmaceutical products can cause serious injuries to internal organs, including lung damage, brain damage, liver and kidney failure and cardiac arrest. Defective medical devices can also cause life-altering internal injuries.
- Head, neck and spine injuries – Victims of accidents caused by defective ladders, machinery and equipment often sustain head, neck or spine injuries. These injuries can be fatal or life-altering, leaving victims with nerve damage, paralysis or otherwise permanently disabled.
- Brain injuries – Defective medical products can cause anoxic or hypoxic brain injury. Unstable tipping furniture that falls on children or defective cars that lead to rollovers or major crashes, among other unreasonably dangerous products, can cause traumatic brain injuries that can be totally disabling or even fatal.
- Amputation injuries – Defective products such as machinery used in construction or yard work can lead to traumatic amputations of limbs.
- Death – Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to fatal accidents. If a family member has been fatally injured by a defective product, the Boyers Law Group attorneys can help with a wrongful death lawsuit to compensate you for your mental pain and suffering, lost income, medical expenses and other losses for which Florida law allows compensation.
How Much Compensation Can I Receive for a Defective Product Injury in Florida?
To receive compensation for a defective product injury, you need to make a legal claim and possibly file a product liability lawsuit showing that the product had a defect, you used the product as intended, and you suffered actual damages from using the product as intended. These damages can include economic losses, such as medical expenses incurred as a result of your defective product injuries, as well as non-economic damages, such as pain and suffering, disability, scarring, loss of capacity to enjoy life and other elements of damage.
The amount you may receive depends on a number of factors, including the severity of your injuries and your need for treatment; however, in general, someone injured by a defective product may recover damages for:
- The emotional trauma, pain, and suffering you experienced and may continue to experience because of being injured by the defective product.
- Existing and potential future medical expenses, including medication, doctor visits, transportation to healthcare facilities, hospital care, surgery and rehabilitative care.
- Wages lost due to time off work because of the defective product injuries.
- Diminished earning potential.
- Your family’s loss of your love, companionship, guidance and assistance.
- Other damages recoverable under Florida law.
Get Expert Legal Advice and Help When You Have Been Injured by a Defective Product in Florida
Product liability litigation requires a high level of experience and expertise to discover and expose the product defect; accurately assess all of an injured victim’s damages; identify all the accountable manufacturers, distributors and retailers; and determine the applicable federal or state laws and industry standards. Boyers Law Group attorneys have the knowledge, experience and resources you need to achieve the substantial jury award or settlement you deserve. We bring more than twenty-five years of successful litigation experience, a thorough understanding of product liability law and a commitment to superb legal representation and advocacy to each case we handle.
We know how to level the playing field against the large corporations that inexcusably expose consumers to their unreasonably dangerous products and welcome the opportunity to put our experience, knowledge and skill to work for you.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website for a free consultation and expert advice from an experienced Florida product liability attorney.