When manufacturers design, build, and market defective products, consumers can suffer injuries. Often, these injuries are minor and cause no real problems. In other cases, though, a product defect can cause serious and even permanent injuries. Consumer protections and defective products laws allow you to hold the designer, manufacturer, or distributor of these products liable for your medical bills, lost wages, and other damages.
If you believe you suffered injuries because of a defective product in southern Florida, the Law Firm of Anidjar & Levine can help you understand your legal options for compensation. We have the experience and resources you need to get the full value you deserve for your accident injuries. Call us today to learn how a defective products lawyer in North Miami can help you hold the liable product manufacturer responsible.
What Type of Products Commonly Lead to Product Liability Claims?
Any product can have defects that affect the way it functions, cause it to break, or lead to minor injuries. Many defects are never noticed, even when they cause a problem. This is because it is not noteworthy when your pen stops writing or a seam comes loose in a relatively new shirt.
When other products develop issues because of a defect, however, they can lead to devastating injuries. Most of the cases we handle result from one of a handful of products that can lead to serious injuries when they fail. We have recovered money for clients who suffered injuries due to defective:
- Tires and other automotive parts;
- Toys and other children’s products;
- Baby products;
- Household appliances;
- Prescription and over-the-counter medications; and
- Handheld and power tools.
What Makes a Product Defective?
Products can become defective at almost any point in the design, manufacturing, or distribution process. While defects occur in a wide variety of ways, most of them fall into one of three general categories.
Defective Designs
Corporations have an obligation to test their designs and ensure they pose no unreasonable risks to consumers. If they do not properly test their designs and product prototypes, injuries may result. Our North Miami personal injury lawyers can help you hold the designer and manufacturer liable for your damages.
Manufacturing Defects
Many product defects stem from problems during manufacturing. Weak metals, cheap plastics, and poor assembly can cause an item to break prematurely or malfunction. When a failure occurs, it can cause serious injuries or even death. We can file a claim to hold the manufacturer responsible for their defective product.
Defects in Instructions or Warnings
Occasionally, the products themselves have no defects and work as intended. However, issues with the instructions or missing warning labels lead to accidents and injuries. This is common with medications, where improper instructions can cause interactions or overdoses. It can also occur on a variety of other products. Our attorneys can hold the product manufacturer liable if they failed to include safety warnings on the product that caused your injury.
What Can I Expect During a Product Liability Case?
Florida has strict liability laws that apply in defective product cases. These laws allow us to hold the manufacturer liable without proving when or how the defect occurred. This is important, because it would be almost impossible for an individual—even with the best law firm on their side—to fully investigate the manufacturer’s supply chain, production line, and other parts of the manufacturing process. To win your case based on strict liability laws, we must prove:
- The product had a defect;
- This defect caused your injuries;
- Your used it according to instructions or in a reasonable way; and
- You did not alter the product in any way that contributed to your injuries.
We will collect the evidence necessary to prove this, enlisting the help of specialists and expert witnesses as needed. We will contact the manufacturer’s insurance company or legal team, using a demand letter to inform them of the damages you suffered and our claim for compensation. This usually triggers settlement negotiations, where we fight for a fair settlement based on the facts of your case.
If the manufacturer refuses a fair settlement, we can file a personal injury suit against the company. We will represent you in court, presenting all the evidence we collected and asking for the full value of your case.
Why Do I Need a Lawyer for My Defective Products Case?
While strict liability laws make it somewhat easier to win product defect cases, you still do not want to try to take on a huge corporation on your own. The manufacturer who designed, built, and marketed the product that caused your injuries likely has an entire legal team in place to defend them from this type of claim.
Because of the implications these cases can have on their bottom line, they do not like to admit they made defective products. Admitting this might open the door for other similar suits and may even require a recall of the products from the marketplace. The costs of losing a defective product case can go far beyond what they must payout to you. This makes it incredibly difficult to recover the maximum amount of compensation available in these cases.
We can often negotiate a settlement with them before having to resort to litigation in these cases. If we need to file a lawsuit to recover the compensation you deserve, we will not hesitate to do so.
What Type of Damages Can I Expect to Recover?
We fight for the maximum payout possible for every client. We collect all possible documentation of your injury-related damages in order to recover compensation for all your losses. While this may vary from case to case, some of the more common types of losses include:
- Medical bills;
- Rehabilitation and therapy;
- Ongoing care costs;
- Lost wages;
- Psychological counseling;
- Other related expenses; and
- Pain and suffering losses.
Before we send a demand letter to the product manufacturer, we estimate the full value of your damages. This gives us a starting point for our settlement negotiations and helps us understand what a fair settlement may look like. We cannot tell you how much your case may be worth until we understand the nature of your damages and complete this process.
How Can I Discuss My Defective Product Injuries With a North Miami Attorney?
At the Law Firm of Anidjar & Levine, our defective products lawyers in North Miami are ready to go to work on your case. We have the knowledge and resources to take on a corporation of any size and win the compensation you deserve. Call us today to schedule a free consultation.