Manufacturers must meet certain safety regulations and guidelines when putting a product on the market to protect consumers from harm. If a dangerous defect becomes apparent, they must recall the product and remedy the situation. In fact, most products need approval from the Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC) before they can hit the market.
However, despite safety standards, product testing, and the risk of penalties for violations, many faulty products still make it into the hands of consumers, resulting in thousands of preventable injuries and deaths each year. The CPSC reported in 2010 that approximately 38.5 million people sought medical attention for an injury related to a consumer product.
If you suffered a personal injury because of a defective product, you have the right to file a product liability claim and pursue damages from the manufacturer or another at-fault party. The attorneys at the Law Firm of Anidjar & Levine work to help injured victims and their families recover their losses. We hold companies liable for the harm they cause. Call our office today and speak to a defective products lawyers in Hollywood.
Do I have a Valid Product Liability Claim?
We must be able to establish certain elements to have a successful product liability claim. The elements we must prove will depend on which legal theory applies best to your specific case. While Florida Statute 768.81(1)(d) allows victims to pursue a civil action under numerous theories, the two most common theories for consumer product injury claims are strict liability and negligence.
Strict Liability
Strict liability claims are fairly cut and dry. Essentially, we must show that the product reached you in its original condition, it was unreasonably defective, and it caused you harm. Whether the seller knew about the defect is irrelevant.
Negligence
You can hold a manufacturer liable for your injuries if we can show that the company was somehow negligent of their duty of care to consumers and that their negligence caused your injury. In other words, the company did something wrong or substandard, such as failing to properly test a product, failing to include adequate warning labels or instructions, or allowing poor quality control.
Of course, under either scenario, you must have been using the product for its intended purpose and your injuries must be directly related to the product’s malfunction.
What are Some of the Ways a Product can Show a Defect?
For every product liability case, we must prove that the product had a dangerous defect. This defect can appear in a number of different ways.
Defective Design
Sometimes, a detail of a product’s design is inherently unsafe. For example, if a crib features a support bar that could easily collapse and injure a child, it has a design defect.
Defective Manufacturing
Occasionally mistakes occur during the manufacturing process. These errors can cause the product to become dangerous to consumers. If a supplement becomes contaminated by a chemical or bacteria during production, this is a manufacturing defect.
Defective Marketing
Some companies fail to market their product correctly, resulting in a hazard to consumers. For instance, if manufacturer failed to put proper safety warnings on the packaging and injuries result, the product has a marketing defect.
What Types of Defective Product Cases does the Law Firm of Anidjar & Levine Accept?
Our firm represents clients in Hollywood and throughout Florida who suffered harm from a variety of defective products. Some of the most common types of product liability claims include:
- Automotive defects, such as faulty airbags, seatbelts, or brakes;
- Defective toys and baby items;
- Defective tools and equipment;
- Defective appliances;
- Defective household products, including cleaners, smoke alarms, or window coverings; and
- Defective foods, medications, medical devices, and supplements.
How much is My Defective Product Case Worth?
The value of your case depends on the extent of your injuries. We can help you seek compensation for costs related to your current and future:
- Medical bills;
- Rehabilitation and physical therapy;
- Loss of wages and other income-related losses;
- Short- or long-term disability;
- Scarring and disfigurement;
- Emotional effects; and
- Effect of the injuries on your family.
Depending on the specifics of your case, you may be eligible for a variety of monetary and non-monetary losses. We will obtain an accurate, comprehensive analysis of your damages and fight for the full amount you rightfully deserve.
Do I need a Lawyer for a Product Liability Cclaim?
Product liability claims can be exceptionally challenging. Discerning liability, finding supportive evidence, and acquiring expert witness testimonies can be quite difficult. Following standard legal procedures and being able to effectively negotiate or litigate the case can also present a challenge to individuals who are trying to recover from their injuries.
We can help. You stand a better chance of receiving full compensation for your damages with us by your side. We know how to react if the manufacturer refutes your claim or says you altered the product and caused your own injuries. We will stand up against any allegations that you are exaggerating your suffering. We will fight for your best interests throughout every step of the claims process until you get the compensation you deserve.
And because we offer free consultations and do not bill for legal fees until we win you case, you have nothing to lose by using our legal services.
Get a Free Consultation with the Law Firm of Anidjar & Levine Today.
Our attorneys can help you with every aspect of your case, from collecting evidence to navigating the settlement process. We have helped thousands of clients secure justice and win substantial settlements for their defective product claims. Let us do the same for you.
Contact the Law Firm of Anidjar & Levine today for a free consultation with a Hollywood defective products lawyer.
We Can Help.
