​New Smyrna Beach Product Liability Lawyer

March 26, 2023 | Attorney, Matthew Dolman

We use, consume, and encounter countless consumer and commercial products in our daily lives—food, medications, clothing, appliances, motor vehicles, building materials, and on and on. And we rightfully trust that those products will work reasonably well, without causing us harm, when we use them for their intended purpose. But that’s not always what happens.

Day in, and day out, defective products cause harm to innocent people in New Smyrna Beach and beyond. By law, the manufacturers of those faulty products, and potentially others, must pay for the injuries and losses they inflict—a legal principle known as product liability.

Dolman Law Group Accident Injury Lawyers, PA, is a team of New Smyrna Beach product liability attorneys who fights to get compensation for those victims of defective products. If a defective product harmed you or someone you love, we can analyze your rights and explain your options.

Our Product Liability Team

At Dolman Law Group Accident Injury Lawyers, PA, we work tirelessly to get justice and financial compensation for people who suffer injuries because of someone else’s mistakes or misconduct. Personal injury law is all we do, and we do it well. Our case results include numerous multi-million dollar settlements and judgments on behalf of our injured clients.

Product liability cases are right in our wheelhouse. Our New Smyrna Beach personal injury law firm has the experience, talents, and financial resources to pursue claims against large manufacturing businesses and their insurers. Unlike some smaller law practices, we can spend the time and effort it takes to build and win a product liability case, no matter how complicated or contentious it gets.

New Smyrna Beach Product Liability Lawsuit

Examples of Product Liability Cases We Can Handle

The Dolman Law Group Accident Injury Lawyers, PA team is prepared to handle a diverse range of product liability cases. Below are some examples of cases involving defective products that we can tackle. No matter what type of product harmed you or your loved one, however, we want to help and invite you to connect with us to learn about your options.

Defective CPAP and BIPAP Machines

In a large-scale multi-district litigation (MDL) currently pending in federal court, numerous individuals have claimed they were harmed by disintegrating polyurethane foam contained in CPAP and BIPAP machines manufactured by Phillips Respironics.

The foam may increase the risk of developing cancer and other severe illnesses in people who used those machines. We are actively monitoring the progress of the Phillips CPAP and BiPAP MDL. If you used a sleep apnea machine suspected of containing dangerous, disintegrating polyurethane foam, we encourage you to contact us right away, as the pending MDL may affect your legal and financial rights.

Tainted Food Products

We trust in the safety of the food we purchase at the grocery store or online. But some food products contain dangerous contaminants that can make us sick.

Recently, for example, the subscription-based health food company Daily Harvest was alleged to have sold a tainted product that sickened hundreds of its customers. The company voluntarily recalled the product, called French Lentil and Leek Crumbles, but not before consumers claimed they had suffered severe gastrointestinal illness after eating it.

The Dolman Law Group Accident Injury Lawyers, PA team has the skill and resources to investigate and pursue lawsuits against food producers who fail to ensure the quality and safety of their goods.

Dangerous Over-the-Counter and Prescription Medications

The federal Food and Drug Administration (FDA) enforces strict regulations aimed at guaranteeing the safety of the prescription and over-the-counter drugs we take. But those rules don’t always achieve their goal. Drug manufacturers routinely produce medications that cause severe and potentially lethal side effects.

The attorneys at Dolman Law Group Accident Injury Lawyers, PA, are monitoring numerous lawsuits related to allegedly dangerous drugs that may hurt our clients, including:

  • Elmiron, a prescription drug used to treat interstitial cystitis, suspected of causing vision damage
  • Opioids, a class of highly addictive prescription painkillers
  • Uloric, a medication for treating gout, suspected of increasing heart attack and stroke risks
  • Zantac, an over-the-counter acid reflux drug alleged to cause cancer

These are just a few examples. The FDA recalls numerous drugs every year, and our team has what it takes to pursue justice for anyone harmed by them.

Toxic Firefighting Foam (AFFF)

Past exposure to the once-popular firefighting product known as Aqueous Fire Fighting Foam (AFFF) may substantially increase your risk of developing severe illness, including cancer, according to pending lawsuits. AFFF was used extensively by fire departments and the military for decades before evidence emerged of the potential dangers of its chemical components.

If you or someone you love suffered a severe or terminal illness after past exposure to AFFF, the Dolman Law Group Accident Injury Lawyers, PA team wants to hear from you. Pending multi-district litigation seeking compensation for victims of AFFF exposure may affect your rights.

Defective Orthopedic Hip Implants

Orthopedic hip replacement surgery has become common for older Americans. But some of the artificial joints surgeons implanted in their patients over the past decades allegedly contained defects that caused them to degrade, resulting in immobility, severe chronic pain, infection, fractures, and muscle and tissue damage. People who received those implants frequently need a second corrective surgery, known as revision, to fix or replace the defective joint.

If you received a metal-on-metal replacement hip joint manufactured by Stryker, Omnilife, or Smith & Nephew (among others), pending litigation may affect your rights. We invite you to contact the Dolman Law Group Accident Injury Lawyers, PA, team today to learn about your options for claiming compensation.

Chemical Weed Killers

Anyone who mows a lawn or tends a garden fights a never-ending battle with weeds. It’s understandable that some turn to powerful chemical herbicides to help them kill weeds that will otherwise keep coming back. But unfortunately, some weed killers formerly in widespread use are not suspected of causing severe illness.

Two herbicide products, in particular, have spawned major product liability litigation:

  • Roundup, a weed killer containing glyphosate, a suspected carcinogen
  • Paraquat dichloride, often sold as Gramoxone, Parazone, or Firestorm, a weed killed suspected of causing Parkinson’s disease

Exposure to these and other potentially toxic weed killers could happen over a long period, as could the development of severe health effects resulting from it.

If you worked around or used these or other chemical weed killers and today suffer from cancer, Parkinson’s, or other severe illnesses, we encourage you to contact Dolman Law Group Accident Injury Lawyers, PA, to understand your potential rights to pursue product liability damages.

Seeking Compensation in a Product Liability Case

New Smyrna Beach Product Liability Lawyer

Individuals who suffer harm because of a defective product—be it an immediate injury or an illness that develops over decades—generally have the legal right to hold the manufacturer accountable. State laws typically hold manufacturers strictly liable for the damage their dangerous products cause.

Strict liability means that manufacturers must pay damages to victims regardless of the reasonableness of the manufacturer’s actions. Simply by putting a defective product into the stream of commerce and endangering the public, the manufacturer incurs liability to anyone subsequently harmed.

Three Categories of Product Defects

The law generally recognizes three broad defects that can lead to liability for a manufacturer:

  • Design defects consist of flaws in the design of a product that make it inherently dangerous to use.
  • Manufacturing defects consist of flaws introduced into a product because of a breakdown in the manufacturing process.
  • Warning (or information) defects exist when manufacturers fail to warn the public about the potential dangers of using the product.

Proving the existence of a defect isn’t necessarily straightforward. It often takes the skill and effort of an experienced product liability attorney to build a case for damages against a manufacturer. Dolman Law Group Accident Injury Lawyers, PA, is a law firm that possesses the rare combination of skill, know-how, and financial resources to handle that task successfully.

Other Potentially Liable Parties

Manufacturers aren’t the only parties who might owe damages to the victim of a defective product. In some cases, other businesses or individuals involved in placing the product in the stream of commerce—shippers, wholesalers, and retailers, for example—could also have liability to a person who uses a product and suffers harm as a result. These parties tend not to be held strictly liable, however. Instead, a lawyer for the victim usually must prove that those parties acted negligently or recklessly in allowing the product to reach a buyer or consumer.

In addition to parties who placed a product in the stream of commerce, still, others may also owe damages to a person injured by a dangerous product. A property owner, for example, could owe damages for the harm a visitor or worker suffered on their premises because of a defective product found there. So could a professional like a contractor, doctor, or another service provider who negligently or recklessly chose a dangerous product for a consumer to use.

At Dolman Law Group Accident Injury Lawyers, PA, we approach every product liability case with fresh eyes. In identifying potentially liable parties, we don’t stop at the manufacturer. We look at the totality of events to find every business and individual (and insurance carrier) that might have liability to our injured client.

Potential Damages in a Product Liability Case in New Smyrna Beach

Individuals who sustain injuries or fall ill because of a defect in a product they used, consumed, or were exposed to, can generally pursue legal action for monetary damages. The law entitles them to demand payment for all forms of harm they suffered.

At Dolman Law Group Accident Injury Lawyers, PA, for example, our team can frequently secure payment for a client’s:

  • Medical expenses in treating the injury or illness caused by a defective product
  • Costs involved in living with or adapting to a product-related injury or illness
  • Repair or replacement of the product, when applicable
  • Past and future loss of earnings and benefits due to the injury or illness
  • Physical pain and emotional distress from the injury or illness, and any medical treatments
  • Diminished quality of life and loss of independence
  • Scarring or disfigurement

In the case of a defective product that causes fatal injuries, our team can also frequently secure damages for the victim’s surviving spouse or family members, by pursuing a wrongful death action on their behalf. In some cases, we may also have the ability to convince a court to award punitive damages, to punish the at-fault manufacturer or another liable party.

A class action or multi-district litigation involving a defective product that caused harm to a large number of individuals can affect the types and amounts of compensation you may claim.

Contact the team at Dolman Law Group Accident Injury Lawyers, PA after suffering harm because of a potentially defective product. Others may also have sustained similar losses, and the legal actions they have already taken could impact your rights.

Affording a New Smyrna Beach Product Liability Lawyer

You need not worry about how you will pay for a lawyer to represent you in a product liability case. Respected product liability law firms like Dolman Law Group Accident Injury Lawyers, PA almost always represent clients on a contingent fee basis.

Instead of charging fees upfront or by the hour, they agree to work on a case in exchange for a percentage of any money they secure on their client’s behalf. They only get paid, in other words, if they win for you.

Contact an Experienced New Smyrna Beach Product Liability Attorney Today

The products you use, consume, or encounter in your daily life should not harm you. But if they do, the law often entitles you to demand compensation from manufacturers and others for the damages you suffered. Regardless of whether you suffered only minor injuries or major, life-threatening trauma, you deserve justice and fair payment from those at-fault.

It takes a skilled New Smyrna Beach product liability lawyer to secure those payments on your behalf. Dolman Law Group Accident Injury Lawyers, PA, is that kind of team. If you or someone you love may have sustained harm due to a faulty or dangerous product, we can help you investigate your rights and explore your options. Contact us today at 833-552-7274 for your free consultation.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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