When a product does not work as intended, it may cause serious injuries to the user. Depending on the product and how it badly it malfunctions, you could sustain devastating injuries that cause permanent disabilities or even death.
As a part of Florida’s tort laws, you may be able to collect compensation from the designer, manufacturer, or distributer of a defective product. At the Law Firm of Anidjar & Levine, our personal injury lawyers in Hialeah offer free case evaluations to help you understand your legal options. Call us today to schedule a meeting with a defective products lawyer in Hialeah.
What is a Defective Product?
Defects can stem from the design, manufacturing, or distribution of a product. Poorly designed products may be unsafe to use, even if you follow the instructions. Products with manufacturing defects could have brittle or weak parts that break with use. Packaging and distribution defects usually occur because of missing hazard warnings or poor usage instructions.
Almost any product can be defective, although some come with a much greater chance of causing injury than others. A defective vehicle tire that blows out without warning may cause a serious traffic accident, resulting in catastrophic injuries. A pair of scissors with a weak pivot may break during use, but will likely only result in relatively minor injuries to the hands.
Some of the defective product cases we commonly see include:
- Unsafe cars or car parts;
- Problematic children’s toys or baby items;
- Dangerous medications without appropriate warnings; and
- Defective tools, appliances, and other household equipment.
Who is Liable for the Injuries I Suffered Because of a Defective Product?
State laws typically require you to prove a liable party acted negligently to collect compensation in your case. Product liability and defective product cases, however, work a little differently.
Florida’s strict liability statute makes it much easier for an injured individual to hold a corporation liable for their injuries. This is because consumers who file claims against product manufacturers do not have to prove where negligence occurred in design, the supply chain, manufacturing process, or other stop in the process of production.
Instead, we will help you collect evidence to show:
- The product had a defect;
- You suffered injuries because of the defect; and
- You used the product as intended and did not alter it enough to make it unsafe.
By providing proof of these three things, we can often file a successful claim against the product manufacturer. While this may sound simple, these cases can be complex and nerve-wracking. We often take on a team of corporate lawyers who have no intention of admitting that a problem with their product exists by paying you the money you deserve. We approach these cases aggressively and work hard to negotiate the settlement you deserve.
How much is My Defective Product Claim Worth?
The only way to get an accurate estimate of the value of your claim is to let our knowledgeable defective products lawyer look into your case. We see many people who settle for far less than they deserve in an injury claim because they do not understand how to determine how much their case is worth and they do not discuss their situation with an attorney before signing a settlement agreement. To get the maximum payout available to you, it is imperative you let us help you calculate the value of your defective product claim.
We collect bills, receipts, and other documentation to prove a full range of damages you suffered because of your injuries. These include:
- Medical treatment costs;
- Rehabilitation expenses;
- Past and future lost wages;
- Other accident-related losses; and
- Pain and suffering.
Depending on the facts of your case, we may also recommend you pursue punitive damages. Also known as exemplary damages, this type of payout applies to cases where the defect occurred because of intentional misconduct or the manufacturer attempted to deny a risk despite being aware of the problem.
Once we understand the full value of your expenses and losses, we can request compensation from the product manufacturer by filing an insurance claim against their liability policy. This begins the settlement negotiation process.
Do I need a Lawyer to Help Me File a Defective Product Claim?
You do not have to face the manufacturer’s legal team on your own. A lawyer can routinely recover much more compensation in these cases than an individual without an attorney can.
That is because these cases require an in-depth knowledge of both state and federal product liability laws. In addition, some cases involve safety regulations and federal manufacturing guidelines. To represent yourself, you would also need to know how to identify and interview experts, file a claim and other paperwork, and go to the negotiating table against a team of professionals. We routinely do all of these things for our clients, relieving the stress on them while also protecting their legal rights and obtaining the highest payout possible in their case.
When we take on a case, we begin building a strong collection of evidence to support our client’s claim. We can call in industry and financial experts and search for others who suffered similar injuries from the same product to bolster your claim.
After we compile a strong case, we present this documentation to the insurance company and request a full and fair settlement to cover your damages. If they refuse, we can pursue a lawsuit in court, if necessary.
How can I Contact an Attorney from the Law Firm of Anidjar & Levine?
At the Law Firm of Anidjar & Levine, our defective product lawyers handle a wide variety of product liability cases. From relatively minor injuries to traumatic brain injuries that require ongoing nursing care, we have experience helping families recover the compensation they need. Call us today to schedule a time for your free consultation in Hialeah.
We Can Help.
