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.
If you have suffered a defective product injury and want to pursue legal action, we offer a free consultation where we can review your situation and legal options.
For a free legal consultation with a product liability lawyer serving Fort Lauderdale, call (800) 747-3733
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 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 refers to 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 results in injury to 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 held liable for failure 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
Fort Lauderdale Product Liability Lawyer Near Me (800) 747-3733
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 in a manner 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 forms of 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.
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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 you were injured by a defective or dangerous product, 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.
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.