Companies are responsible for ensuring that any products they design, manufacture, distribute, or sell to the public are safe to use as intended. As a consumer, you have the legal right to reasonably and safely use products without fear of harm to yourself and your family.
When product defects do occur, however, serious injuries or even death may result.
If a defective product has injured you or a loved one, you may have grounds for filing a legal claim and for receiving compensation for your injuries. The attorneys at the Law Firm of Anidjar & Levine can help you seek damages from the responsible party. Call us today to schedule a complimentary consultation with a personal injury lawyer in Cape Coral.
What types of defective products can harm you or your family?
Any product can show a defect. However, certain items have a greater chance of causing real harm to you or your family. These potentially dangerous products include:
- Household appliances;
- Cribs and high chairs;
- Tools;
- Beds;
- Strollers; and
- Children’s car seats.
Defective toys and baby products pose a threat to families with small children and defective household goods can lead to devastating injuries or death.
Product liability claims related to motor vehicles are also common. In passenger cars and trucks, seat belts, airbags, and tires pose significant danger should they fail. Defective tires can lead to rollover accidents on the freeway and car crashes that occur in the event of a blowout.
All-terrain vehicles, bicycles, and scooters may also have dangerous defects that can harm the rider, passengers, or even innocent bystanders.
If you suffered injuries after using a product as intended, contact us today. We can collect the evidence you need to substantiate your claim. We will pursue compensation for you and your family so you can recover from your accident.
How does a product defect occur?
Product defects generally occur in one of three areas:
- Design defects occur when a product is inherently dangerous based on a flaw in its original design;
- Manufacturing defects happen if an error during the manufacturing process results in a defective product, and that the defect was present when the product left the manufacturing facility; or
- Marketing defects or a failure to warn occurs if a product did not include adequate instructions for use or safety warnings to inform the consumer of its risks.
What is the basis for a defective product claim?
As we build your case against a defective product, we will work to prove the product’s manufacturer, designer, or distributor is responsible for your injuries and owes you compensation.
Product liability law does not require that we prove negligence to back up your claim for compensation. Instead, under Florida’s strict product liability rules, we must prove three elements for a successful outcome for your claim:
- You were using the product as intended at the time of injury;
- You did not substantially alter the product in any way; and
- Your injury occurred as a result of an unreasonable product defect.
Depending on the specifics of your case, we may also be able to take legal action based on a breach of warranty, fraud, or misinterpretation. We can evaluate your case before filing a claim to see if these options apply to your situation.
What is my product liability claim worth?
In a defective product action, we can seek compensation for your medical bills and future medical costs, your lost wages and future loss of income, pain and suffering, and loss of enjoyment of life.
In most cases, you can also recover damages for property damage. For example, if defective tires caused a rollover accident, your claim can include the cost of replacing your vehicle.
We will calculate your total claim carefully and supply documentation for each aspect of compensation. Proving your claim may require testimony from doctors and experts in the specific type of defective product that forms the basis for your claim.
How can I get compensation for my injuries?
We have a few options for recovering compensation for you after a defective product accident. Our first course of action is filing a claim against the responsible party’s insurance policy to pay for your damages.
Often, insurance companies will present a low offer initially to avoid paying the full amount you deserve. We will work directly with the insurance company to negotiate a fair settlement for your damages.
If we are unable to settle on a fair amount, we can file a lawsuit and take your case to court. Due to Florida’s statute of limitations, you only have four years to file your product liability lawsuit. Consequently, time is of the essence for building your case and filing your suit.
Regardless of which path we take, we will handle all of the complex legal aspects of your case, including gathering evidence, speaking to witnesses, and researching applicable laws that may affect the outcome of your claim. Let us handle these critical tasks for you so you can relax and focus on recovering.
Do I need a lawyer?
Proving product liability is a highly complex legal endeavor. The lawyers at the Law Firm of Anidjar & Levine have experience with these types of cases. We can identify the party or parties responsible for your injury and we will build a strong case to prove your claim and substantiate your damages.
We work diligently on behalf of our clients to protect their legal rights and to fight for the compensation they deserve. We offer a free consultation and case review to help you determine the best course of action. Contact us today to schedule your appointment.
We Can Help.
