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Product Liability Claims During the Holiday Season

Lawsuits Over Injuries Caused by Defective Products

With the 2016 holiday seasons rapidly approaching, many people in the St. Petersburg area are getting ready to exchange gifts with friends and family. The tradition of giving and receiving gifts around the holidays is often a joyous time for people who celebrate, providing an opportunity to show others how much you care and also enjoying the anticipation of receiving something that you may not have thought of buying for yourself.

Unfortunately, bringing new consumer products into our homes can also increase the risk of injury in an accident. Even the most seemingly benign products can cause injuries when they are defective, and consumer product accidents can affect anyone at any time. Thankfully for victims, Florida law often entitles people who are injured by defective products to significant compensation for their injuries. Consequently, any injured by a consumer product this holiday season or otherwise should discuss their case with an experienced attorney as soon as possible.

What Kinds of Consumer Products Can Cause Injury?

Virtually any type of consumer product can cause injury. To illustrate this point, consider a toothbrush, an item that potentially everyone reading this article currently has in his or her home. Several years ago an electric toothbrush known as the “Spinbrush” caused injuries such as broken teeth, choking, cuts to the gums and mouth, and other serious injuries. The problem was so widespread that, in 2012, the U.S. Food & Drug Administration (FDA) issued a safety warning to consumers regarding the risks associated with using the product.

This holiday season, as you exchange gifts, keep in mind that any item that you bring into your home could potentially create a risk of injury. Some examples of consumer products that regularly result in serious injuries include the following:









Sports equipment

Home décor

Vehicle accessories

Space heaters

Personal electronics


Keep in mind that not every injury caused by a consumer product will entitle victims to compensation. For instance, if you receive a new bike this year and get into an accident because you are unfamiliar with its shifting mechanism, it is unlikely that you would be able to recover compensation for your losses. If, on the other hand, you were injured in an accident that was the result of a defective shifting mechanism, there is a good chance that you would be able to file a claim and obtain a settlement or an award.

3 Categories of Defective Products

Consumer injuries due to defective products can be inflicted in a number of ways depending on the details of the case which tend to be unique for each person. However, the ways a product may be defective will typically fall into one of three categories or occasionally several. Defective Design – A product may have been defective all the way back in the conceptual or design phase of its development. Many products regardless of how they are used or made will injure the consumer because of their design alone. For example, some toys may have small parts that can be choking hazards. Defective Manufacturing – A product can develop defects in the manufacturing stage of its development. There may be an issue with the raw materials or with the manufacturing process itself that can make a product dangerous. For example, some drugs like Zantac have been recalled because of issues with the ingredients used in its manufacturing. Defective Labeling – Just because a product is dangerous for consumers it does not mean it can legally be sold. Usually, the thin line that separates a dangerous product from a lawsuit and legality is proper labeling that informs the consumer of the risks of using a product and directions for safe use. However, there are many cases where manufacturers neglect to properly inform their consumers of risks that come with their products and they end up liable in a product liability lawsuit.

What Should You Do if You Have Been Injured by a Defective Consumer Product?

If are hurt by a consumer product that you believe may be defective, there are certain steps that you should take. These include the following:

Seek Medical Attention – If your injuries are severe, go to the emergency room. Otherwise, you should engage in standard first aid (i.e. clean and bandage a wound, apply cold water to a burn), and make an appointment to see your doctor as soon as possible.

Collect Documents that Identify the Product Gather any documents or packaging that identifies the product that caused your injury. This can include boxes, warranties, instruction manuals, or marketing materials that came with the product.

Call an Attorney – Anyone who has been injured in a consumer product accident should call an attorney as soon as possible. A lawyer will protect your rights and ensure that you receive the compensation to which you are legally entitled. It is important to keep in mind that consumer product claims are subject to a statute of limitations, which means that waiting to file can jeopardize your right to recover.

Call a St. Petersburg Product Liability Attorney Today to Discuss Your Case

Defective consumer products can cause serious injuries that can affect victims for weeks, months, years, or even decades. Fortunately, under Florida Law, people who are injured by products that have been defectively designed, manufactured, or were sold without adequate warnings are often entitled to recover compensation for their losses. At the Sibley Dolman Gipe Accident Injury Lawyers, PA, we are dedicated to representing the rights of people injured by defective consumer products and understand how to get our clients the largest settlement or award available by law.

To schedule a free consultation with one of our lawyers, call our office today at 727-222-6922 or contact us online.


1663 1st Ave S.

St. Petersburg, FL 33712 727-222-6922 https://www.dolmanlaw.com/legal-services/product-liability-attorneys/