Each year, product manufacturers recall hundreds of defective products that include everything from baby clothes and toys to kitchen appliances, outdoor gear, and motor vehicles. While many people escape unscathed by their use or exposure to defective products, the Consumer Products Safety Commission (CPSC) reports millions of hospital visits each year related to defective products that include amusement park rides, furniture and decor, children’s toys, playgrounds, electrical products, and more.
If you were injured because of a defective product, Florida law might entitle you to compensation for costs related to your injury. An experienced products liability lawyer at Sibley Dolman in Doral can evaluate your case and determine whether you can recover compensation. Call (305) 930-7688 for a free consultation.
Sibley Dolman’s Results in Products Liability Cases
The lawyers at Sibley Dolman have extensive experience negotiating and litigating personal injury cases, including those that involve defective products. Recent settlement and verdict amounts range from $80,000 to more than $3,000,000. While these are only past examples and do not guarantee results in any particular case, Sibley Dolman’s product liability attorneys will work to get the best outcome for your individual situation.
What Makes a Product Defective?
Florida, and many other states, divide defective products into three categories in products liability cases:
- Design defects occur when the product’s design is dangerous. Florida courts rely on the consumer expectation test in lawsuits that involve a defective product design. The consumer expectation test evaluates the extent to which a product is safe compared to what a reasonable consumer expects when using the product for its intended purpose.
- Manufacturing defects occur when the manufacturer incorrectly builds the product. The design was safe, but the final product was unsafe.
- Information defects also called failure to warn defects, occur when those who design, build, or sell a product do not provide instructions to consumers or do not warn them of dangers that might come with using the product.
What Injuries Can Result From Defective Products?
Product liability injuries vary according to the type of product and the accident or event that led to the injury. Common injuries that occur when a defective product is involved include:
- Lacerations, cuts, and bruises
- Broken bones
- Burns from explosions and combustible items
- Chemical burns causing scars and disfigurement
- Electrocution injuries
- Illnesses and damage caused by poisonous substances
Many Can Share Liability for a Defective Product?
Any entity involved with bringing a product to the consumer might face responsibility for a defective product, including the manufacturer, wholesaler, and retailer.
- Manufacturers almost always hold some responsibility in a products liability case. This includes any entity that designs and markets a product, from large corporations to someone who builds and sells something from a garage or home. Parts manufacturers might also bear liability if their part caused the defect in a larger item such as an automobile or machinery.
- Distributors, or wholesalers, might also bear fault even though they only serve as middlemen. If they modify the product or knowingly distribute a defective product, the court might find them liable.
- Retailers often find themselves parties to products liability suits when they make claims about a defective product’s safety or continue to sell the product when they know it is defective. Similarly, customers assume that a particular product is safe for use if a company chooses to sell the product. When a defective product injures someone, a court may find the store to have breached its duty of care to customers.
What Damages Can an Injured Victim Recover for Product Liability?
If you are injured because of a defective product, you might recover the costs related to your injury. The court may also award punitive damages, but only in cases of serious misconduct. Compensatory damages for products liability cases in Florida include:
- Medical expenses including ambulance services, hospitalization, X-rays, and prescription medication
- Future medical costs for injuries that result in a long-term disability or chronic condition
- Cost of property damaged by the defective product, if applicable
- Lost wages for time missed from work
- Lost future wages in the case of a long-term condition or disability that prevents returning to work
- Pain and suffering
- Loss of consortium
Liable Parties Will Fight Back
Here’s why you need a lawyer to represent you in your product liability case: Florida is a pure comparative fault state. If the court finds the defendant negligent, it assigns blame to each party. The court will deduct your percentage of blame from the award. For example, if the court decides damages are $1,000,000, but finds that you are 40 percent at fault, you will only receive 60 percent ($600,000).
With comparative fault in play, the defense will take every opportunity possible to shift the blame to you. In products liability cases, the defense might claim that you didn’t use the product for its intended purpose, you didn’t use it correctly, you didn’t read the warnings, or you modified the product after you bought it. An experienced products liability lawyer will anticipate these strategies and fight to make sure you get the compensation that you deserve for your injury.
Call A Skilled Products Liability Lawyer In Doral
Florida has a four-year statute of limitations to file a products liability claim. In the tragic event of death, the statute of limitations for the estate to file a claim is only two years.
Personal injury law firms typically offer free consultations to review your case. A lawyer who chooses to represent you will likely not ask for payment up front. Most personal injury cases are handled on a contingent fee basis, so your attorney will instead deduct attorney fees from any settlement reached or award you receive from the court.
If you sustained an injury because of a defective product, call an experienced products liability lawyer to guide you through the complex legal process involved in products liability cases. Let your attorney worry about the details, while you concentrate on recovering from your injuries. If you are in the Doral area, contact Sibley Dolman online, or call at (305) 930-7688 for a free consultation to discuss the merits of your case.
8400 NW 36th St Suite 450
Doral, FL 33166
What Our Clients Have to Say:
“My experience with this law firm has been extremely pleasant. After being involved in an accident where I was injured, I was able to seek treatment from the best doctors in the area. I was lucky to have a team that assisted in scheduling my appointments that worked around both my full time work schedule and my demanding grad school schedule. Even with a move out of state to New York, I was able to remain with this law firm and continue treatment in south Florida while remaining under the care of the doctors that I felt most comfortable with. Even though I suffered injuries and experienced difficulties in that aspect, the team here was able to make sure that I was able to continue work and stay on track with grad school all while I moved to a new state.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Read more reviews on Google!