The Law Offices of Anidjar & Levine has established itself as a leading Florida product liability law firm. For years, we have successfully handled all types of product liability claims, recovering millions of dollars for injured victims in Fort Lauderdale and other areas of Florida.
Suppose you have suffered a defective product injury and need a Fort Lauderdale personal injury lawyer and want to pursue legal action. In that case, we offer a free consultation where we can review your situation and legal options.
How Defective Products Cause Injury
The use of defective or dangerous products can lead to serious injury. In cars, a flawed component or missing safety device can contribute to devastating Fort Lauderdale car accidents, the leading cause of accidental death in the United States.
Defective strollers, dangerous toys, and flammable clothes likewise contribute to the high incidence of fatalities in homes throughout Florida and other states. According to the Centers for Disease Control and Prevention (CDC), millions of children and adults are harmed each year by defective products that are later recalled.
What is a Product Liability Action?
A product liability action is any civil action in which the consumer alleges injuries caused by a defective product. The action may be based on:
- Strict liability
- Breach of warranty
- Another theory of liability
The injured party sues for damages caused by the product’s manufacture, construction, or design. If the product injures the end-user, any party “down the manufacturing chain” can be held liable, including those responsible for the product’s assembly, installation, or preparation. Retailers and distributors can also be liable for failing to warn consumers of known dangers.
Examples of Defective Products
Some commonly recalled products include:
- Dangerous toys, cribs, and strollers
- Cars, trucks, motorcycles, and boats
- Flammable bedding or clothing
- Computers and electronic devices
- Construction tools, hardware supplies
- Prescription and over-the-counter medications
- Other defective textiles, machinery, or equipment
Defective Product Victims can Seek Action Under Florida law
Florida law protects victims who were injured by a defective or dangerous product. According to the Florida Statutes, a product liability action allows claimants to allege their injuries were “greater” than those they would have received in an accident “but for” the defective product.
Further, Florida law holds manufacturers strictly liable for injuries caused by “unreasonably dangerous” products.
What does “Strict Liability” Mean?
Strict liability means the consumer who was injured after using a defective or dangerous product does not have to prove the seller or manufacturer of that product was negligent.
This legal doctrine holds that if you are injured after using a product, you can recover compensation from its manufacturer, designer, or distributor.
The product is unreasonably dangerous if it fails to perform safely when used as intended or reasonably foreseeable by the manufacturer. The product is likewise defective if the product’s design outweighs the benefits. In these cases, the injured party can recover compensation from the manufacturer without proving negligence.
Recoverable Damages in a Products Liability Case
Injured parties who prevail in a product liability suit are entitled to several damages. First, they are entitled to medical expenses, including emergency medical care and continuing treatment as the injury requires.
Second, they are entitled to lost income and other disability benefits as a result of their inability to work. Medical expenses and lost wages are known as economic damages.
Finally, they may receive non-economic (non-monetary) damages for pain and suffering if the accident resulted in disfiguring or catastrophic injuries, causing extreme trauma. Courts and juries may also award punitive damages where the manufacturer exhibited particularly egregious behavior. This is designed to deter them from engaging in future harmful conduct.
Understanding Product Liability in Fort Lauderdale
In Fort Lauderdale, the Law Offices of Anidjar & Levine have carved a niche for themselves as leading experts in product liability law. Over the years, they have successfully represented numerous clients, securing millions in compensation for injuries resulting from defective products. These products range from cars with flawed components to hazardous toys and flammable clothing. The Centers for Disease Control and Prevention (CDC) notes that millions of adults and children are harmed annually by-products that are eventually recalled. A product liability action can be based on various grounds, including negligence, nuisance, strict liability, breach of warranty, and other liability theories. Such actions hold responsible parties accountable, whether the manufacturer, distributor, or retailer.
Florida law provides robust protection to victims of defective or dangerous products. The state’s statutes allow claimants to argue that their injuries were exacerbated due to the defective product. Moreover, Florida adopts the “strict liability” doctrine, meaning victims don’t need to prove negligence on the part of the manufacturer or seller. The manufacturer can be held liable if a product is deemed “unreasonably dangerous” or if its risks outweigh its benefits. Victims of such products can claim various damages, including medical expenses, lost wages, and even non-economic damages like pain and suffering. In cases of extreme negligence, courts might award punitive damages to deter manufacturers from future misconduct.
For those considering legal action, it’s essential to be aware of Florida’s statute of limitations. Victims have four years from the date of injury to file a lawsuit. The timeframe is two years in cases of wrongful death due to a defective product. Given the complexities of product liability law, seeking expert legal counsel is crucial. The team at Anidjar & Levine, with their vast experience and commitment to justice, ensures that victims of defective products receive the compensation they deserve. Whether you’ve been injured by a faulty car component, a dangerous toy, or any other defective product, their expertise can guide you through the legal maze.
Florida’s Filing Deadline for Product Liability Cases
If you wish to bring legal action against a seller, manufacturer, or another party, you have four years from the date of injury to file a lawsuit, per Florida Statutes §95.11(3)(a).
If a loved one died after using a defective or dangerous product, you have two years to file a wrongful death action, per Florida Statutes § 95.11(4)(d).
We encourage you to start your case as soon as possible. An early start can give our legal team the time we need to build a strong compensation case for you.
Call Us for Your Free Consultation Today
If a defective or dangerous product injured you, the Florida product liability lawyers of the Law Offices of Anidjar & Levine can help. We have successfully handled numerous product liability claims, recovering millions of dollars in compensation for injured victims throughout Florida.
Discuss your case with a defective product lawyer, a defective tires attorney in Fort Lauderdale if you got into a traffic accident or a Fort Lauderdale plumbing leaks lawyer for issues at home or your place of business. Our attorneys will help you hold the liable parties responsible for your physical and material damages and get you the compensation you deserve.
We are dedicated to defending the rights of injured parties against the “deep pocket” manufacturers that caused their injury. Let us help you get back on your feet. Please call for a free consultation.
We Can Help.