Have you experienced devastating complications from drug prescriptions or defective goods? If so, you’re not alone. The statistics show a frightening increase in product-related deaths and injuries. To date, a worsening opioid crisis has led the Florida Attorney General to sue prominent drug-makers.
North Miami Beach Product Liability Lawsuits
North Miami Beach is trendy, diverse, and dynamic. Its beautiful beaches and cosmopolitan hotels are legendary. For entertainment, the North Beach Bandshell is a popular hosting venue for bands of every musical persuasion. The vibrant nightlife captivates the imagination, and residents appreciate all that the region offers.
However, this rosy picture is eclipsed by a troubling prevalence of product liability lawsuits. At Sibley Dolman, we regularly fight for the right of victims to recover compensation for their losses.
Florida Product Liability Laws
Lawyers at Sibley Dolman are familiar with product liability laws. In North Miami Beach, the statute of limitations is four years. This means that you have 4 years to file a lawsuit from the time of injury. North Miami Beach also operates under the pure comparative negligence rule. If you are found to be negligent, your settlement is reduced in proportion to that level of negligence. So, if a court finds you to be 40 percent negligent, your award will be reduced by 40 percent.
Product Liability Claims: Who Is at Fault?
Courts of law base liability on three factors: strict liability, breach of warranty, or negligence. Strict liability is centered on the product itself, while negligence focuses on the actions of supply chain actors. This means that manufacturers, retailers, and third-party vendors can be held liable for your injuries. Meanwhile, breach of warranty refers to the manufacturer’s failure to fulfill the terms of his contract.
There are three types of product liability claims:
- Manufacturing defect claims. These occur when a product does not perform according to design specifications and manufacturer’s expectations.
- Design defect claims. In Florida, such claims are examined through the lens of consumer expectations. Accordingly, a product is defective when it fails to meet the expectations of a consumer who uses it as intended.
- Marketing defect claims. These occur when manufacturers don’t include adequate warnings about the deadly side-effects of their product.
Types of Injuries and Scenarios in Which Guilty Parties May Be Held Liable
Various types of injuries are associated with product liability lawsuits. Below are the most common:
- Medical complications resulting from drug prescription use. An example is the use of the antibiotics Avelox and Cipro, which have resulted in aortic aneurysms and nerve damage in patients. In pending lawsuits, manufacturers such as Bayer, Merck & Co., and Johnson & Johnson have taken the stand as defendants.
- Physical injuries resulting from defective toys. An example is lead paint in toys, which has led to developmental delays, seizures, and learning difficulties in children. In 2007, Mattel recalled almost 20 million Chinese-made toys that were tainted with lead. In 2009, the company was fined almost $2.5 million for violating federal lead paint regulations.
- Permanent disfiguration resulting from the use of surgical tools. An example of such a tool is the Da Vinci surgical system. The Da Vinci is cutting-edge robotic technology that helps surgeons perform minimally-invasive surgeries with precision. Current lawsuits claim that patients sustained thermal burns, sepsis, and internal injuries from its use. Another example is the laparoscopic morcellator, which results in the spreading of cancerous tissue to nearby internal organs. Surgeons who fail to warn of the risks can be held liable for the development of chronic diseases in patients.
- Paralysis, physical injuries, and death resulting from the use of defective automobile products. An example is defective tires that separate from their thread, leading to collisions.
Types of Recoverable Damages
Potential damages that can be recovered in the event of an injury include:
- Pain and suffering. Victims may suffer from chronic anxiety and physical pain as a result of their injuries. Financial compensation can help ease these burdens.
- Permanent disfigurement. As a result of injury, victims may need extensive cosmetic surgery to repair their physical appearance.
- Loss of income. Many victims can no longer work because of their injuries. The amount awarded is derived from an estimation of present and future financial losses.
- Medical expenses. Victims who sustain grievous injuries may need extensive surgeries and rehabilitation treatment.
Despite the legal protections available to victims, liable parties may try to get out of paying their fair share. They may argue that the consumer ignored the manufacturer’s instructions, and therefore is 100 percent responsible for any injuries sustained. Others may contend that compliance with all regulatory standards absolves them of any liabilities. Additionally, corporate defendants are often represented by expensive legal teams. Without legal assistance, plaintiffs may find it a challenge to argue their case in court.
Who Can be Sued over Product Liability?
The success of a product liability case depends on a number of factors that include whether or not you can prove negligence, the nature of the accident, as well as the attorney you have representing you but all of these things can mean nothing if you have no idea who to seek compensation form. Product liability claims can actually seek compensation from a number of different parties that may have contributed negligence to a product that harmed consumers. You may actually name more than one liable party in a claim or lawsuit which is a decent strategy to secure as much compensation as possible.
Depending on which kind of product liability claim you have, you could have very different parties liable for your injuries. Some of the more common parties responsible for defective and dangerous products include the parent company that owns the product, the company responsible for the manufacturing of the product, and whichever company designed the product. Sometimes these can all be one and the same but oftentimes they can be different which can complicate things. There is also the number of different entities a product goes through before it reaches the consumer such as parties responsible for packaging, transport, storage, or retail of the product.
Contact a North Miami Beach Product Liability Lawyer to Schedule Your Free Consultation
At Sibley Dolman, our legal team regularly advocates for victims in court. You don’t have to navigate the complexities of a court case alone; if you have suffered significant injuries from the use of any product, don’t wait to act. Understand that you may be entitled to compensation for any losses you have sustained. The best way to ensure that you get optimum compensation is to consult with an experienced North Miami Beach product liability attorney.
The lawyers of Sibley Dolman have extensive product liability experience. We have secured numerous judgments and settlements in favor of our clients. While these past results do not necessarily guarantee similar results for everyone, we regularly fight for victims who have suffered overwhelming losses. We handle these cases on a contingency fee basis, so you pay no fees for your attorney unless you obtain compensation.
1820 NE 163rd St #306,
North Miami Beach, FL 33162