At Viles and Beckman, we have over 40 years of experience representing injury victims and fighting for justice. Our product liability attorneys in Florida are committed to helping you recover and protecting the public from dangerous products. Schedule a free consultation to discuss your legal options with our lawyers.
Understanding Defective Products From a Legal Perspective
Manufacturers, distributors, and sellers have legal responsibility for injuries or damages caused by a defective or dangerous product. Therefore, if you are injured due to a faulty product, you may file a claim against the negligent party involved in the item’s production, distribution, or sale.
Florida’s product liability laws are complex, but our attorneys will guide you through each stage of the process and protect your rights. We will keep you informed about any case updates along the way.
Design Defects
Product liability cases involving design defects refer to situations where a product’s design is inherently unsafe, harming the user. The defect may occur due to inadequate testing or research, a flawed design process, or a failure to incorporate safety features.
Manufacturing Defects
An error can also occur during the manufacturing process of a properly designed product. For example, an airbag that does not deploy correctly due to an improper mechanism likely has a manufacturing error. While usually, a single or a few items are affected, an entire line of products may occasionally be compromised.
Failure to Warn About Dangers
When a product is defective or dangerous, companies must provide adequate warnings or instructions to consumers about the potential hazards. If they fail to do so, the company may be held liable for any injuries or damages resulting from using the product.
This is particularly true in cases involving inherently dangerous products, such as power tools or pharmaceuticals. Failing to provide adequate warnings can lead to legal liability and harm the manufacturer’s reputation, causing consumers to lose trust in them.
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Common Product Liability Cases in Florida
Product liability cases can arise from a wide range of consumer goods and industries, and Florida is no exception. Common cases involve items such as:
- Medical devices
- Vehicles and vehicle parts
- Pharmaceutical drugs
- Consumer appliances
- Toys
- Personal use items
- Home maintenance
Even if you were harmed by a product not listed above, our legal team can help you access compensation. You can also consult a more complete list of safety alerts, product recalls, and withdrawals at the U.S. Food and Drug Administration.
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Damages You Can Recover in Florida Product Liability Cases
A defective product can cause severe injuries that require extensive medical treatment and long-term care. Victims are often weighed down by medical bills and other expenses related to their injuries. However, if a negligent party is responsible for the incident, you may pursue compensation for your financial losses.
In most cases, you can access compensatory damages meant to restore victims to their status before the accident. These further break down into economic and non-economic damages to address different aspects of your losses.
Economic Damages
The tangible losses inflicted by the negligent party are known as economic damage. This type of damage often involves complex calculations to represent the accident’s financial impact fully. We can help you recover:
- Medical expenses
- Lost wages
- Future loss of earnings
- Property damage
- Out-of-pocket expenses
Economic damages can be an important form of compensation for victims to restore their financial position pre-accident. Gather any documents reflecting your accident-related expenses and hand these over to us. We will use all available evidence to paint a complete picture of your tangible losses.
Non-Economic Damages
These are no less important than economic damages as they seek to compensate for your intangible losses. However, their personal nature makes non-economic damages much harder to quantify. With legal assistance, you could recover:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment
To prove your non-economic damages, a product liability lawyer will work with you to gather evidence demonstrating the accident’s impact on your daily life. This may include obtaining medical records and expert testimony from healthcare professionals or economists and documenting your accounts of the pain and limitations you have experienced.
Wrongful Death Damages
When a defective product causes the death of an individual, surviving family members may pursue wrongful death damages. Our compassionate lawyers can help you cover:
- Funeral and burial expenses
- Medical bills
- Loss of income and financial support
- Pain and suffering of the deceased before death
- Loss of support and services provided by the deceased to their family
Wrongful death lawyers help you access damages by providing compassionate and understanding legal representation. We will guide you through the legal process and help you understand your options for pursuing compensation.
Punitive Damages
These are intended to punish a defendant for egregious conduct and to deter others from engaging in similar conduct. Punitive damages are only awarded if the plaintiff proves that the defendant acted with intentional misconduct or gross negligence.
Florida law limits the amount of punitive damages awarded under different circumstances. Our experienced attorneys will determine if punitive damages are a viable option for you and, if so, how much you could receive.
The Florida Statute of Limitations for Product Liability
In Florida, you have a limited time to take legal action against the party responsible for your injuries. If you fail to file within the deadline, you may no longer recover compensation. Under Florida’s statute of limitations, you generally have two years from the date of the accident to bring forth a product liability case. However, there are certain exceptions to this rule.
For example, if a defective product caused the death of a loved one, you can pursue a wrongful death lawsuit within two years. Our product liability lawyers in Florida will determine the deadline for your case and help you file the necessary documents within the timeframe.
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Call Our Florida Product Liability Attorneys Today
At Viles and Beckman, we understand how you may feel betrayed and vulnerable after you were harmed by a defective product. Our legal team aims to empower you to pursue justice and fair compensation. We will guide you through each stage of the legal proceedings and build a strong case against the liable party.
Contact us today to discuss your claim with our Florida product liability lawyers. We will address your immediate concerns during a free legal consultation and help you make informed decisions about your future.
Call or text (239) 334-3933 or complete a Free Case Evaluation form