While many companies work hard to put out high quality products, some create defective products that end up injuring innocent consumers. At the Law Firm of Anidjar & Levine, we fight for the rights of injured consumers and their families. For help recovering the compensation you deserve for your injuries, call a defective products lawyer in Fort Myers at 800-747-3733.
How Can I Recover Damages for My Injuries?
If you have suffered injuries due to a product malfunction, you have legal options available to you. You can file a claim against any party involved in the chain of distribution of the defective product. These parties might include:
- Manufacturers
- Retailers
- Wholesalers
In many cases, we will try to hold each potential defendant liable both jointly and severally for your injuries. This means that if one defendant cannot pay you the entire amount of damages, the other defendants will have to chip in to make sure you receive the full compensation you are due.
To claim a file against a company that makes defective products, our attorneys will use our extensive knowledge of strict products liability law. Strict liability laws state that manufacturers are responsible for their products and can be liable for defective products even if they did not act negligently when creating them.
To file a strict liability claim against a company, we will need to prove the following four elements:
1) The Product Was Defective.
Generally, a defective product is one that does not work as the manufacturer intended. Under Florida law, defective products must have a design defect, manufacturing defect, or marketing defect. We will prove that your injury was the result of a product with one or more of these defects:
Design Defect
If a manufacturer creates a number of similar products with a particular design feature that is unreasonably dangerous, the product may have a design defect. Products with design defects may lack necessary safety features or have structural defects that make the product unsafe for its intended purpose.
For example, consumers use ladders to access high, hard-to-reach places. If a manufacturer makes a ladder out of lightweight aluminum, the ladder will be more likely to tip over or bend. As a result, it would be unsafe for consumers to climb and use as intended. In order to prove a design defect, we will consult with engineers and other scientific experts to explain why the design feature makes the product unreasonably dangerous.
Manufacturing Defect
When manufacturers create a product, they make multiples of it to sell online and in stores all across the country. If a mishap occurs during the manufacturing process itself, only a few of these products will be defective.
Negligent or untrained workers, machine error, or poor-quality materials can all cause manufacturing defects such as faulty wiring or loose parts.
To prove a manufacturing defect, we will present evidence and expert testimony to show that a correctly made product would not have been unreasonably dangerous when used as the manufacturer intended.
Marketing Defect
Marketing defects typically occur when a manufacturer fails to include adequate warnings with a product. Even if a product is defect-free, a manufacturer who does not properly warn consumers of non-obvious dangers may be liable for your injuries. We will establish that the danger was not obvious to a reasonable person by presenting expert testimony.
2) You Suffered an Injury.
In order to recover damages, you must have suffered some sort of injury. To prove injuries in product liability cases, we will present medical records detailing the following:
- Type of injuries
- Surgeries and treatments
- Expected future treatments
- Doctor’s visits and consultations
- Rehabilitation or other therapy
- Necessity of long-term care
3) The Defect Caused Your Injury.
To prove that the defect directly and proximately caused your injury, we will have to show that your injury would not have occurred if the product had not been defective. Generally, expert testimony will establish causation.
4) You Were Using the Product Correctly.
To recover damages, we will have to show that you used the product in the way the manufacturer intended or used it in a way that was reasonably foreseeable. For example, if you use a screwdriver to open a paint can, it may technically constitute misuse. However, the court may find that the manufacturer should have reasonably foreseen that someone may use the screwdriver for that purpose.
You May Be Entitled to Compensation – Talk to Our Defective Products Attorneys
Product liability cases can be complex and require the knowledge and experience of an attorney who specializes in product liability law. The product liability attorneys at Anidjar & Levine handle product defect litigation all across Florida and look forward to assisting you with your claim. We will work to make sure you recover damages for all your expenses including:
- Medical expenses for treatments, medications, and rehabilitation
- Disability costs for any changes to your lifestyle resulting from your injuries (e.g., at-home care, home renovations)
- Property damages to repair or replace any property the defective product destroyed
- Lost wages for the money you lost when you were in recovery and unable to work
- Loss of future earning capacity for those who suffer long-term disabilities and are unable to return to their previous jobs
- Damages for the mental anguish and emotional trauma you experienced because of your injuries
- Loss of consortium, loss of companionship, and loss of support damages for you and your family
At the Law Firm of Anidjar & Levine, we are dedicated to holding companies liable for the faulty products they release. To find out more about how we can assist you with your defective products claim, call us today at 800-747-3733 for a free consultation.
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