Every state has consumer protections laws, and Florida is no exception. If a manufacturer sells a defective product to consumers, those consumers have a right to hold that company responsible for the injuries they suffer because of the product malfunction.
If a defective product caused your personal injury, the attorneys at the Law Firm of Anidjar & Levine can help. We will prove your case against the at-fault party and hold them liable for your financial and emotional losses. We can help you identify all liable parties in your accident and explain your legal options for compensation in an easy-to-understand way. Call us today for a free consultation with a defective products lawyer in Davie.
When is a product defective under Florida law?
A product defect can occur at almost any time in the lifecycle of a consumer good. Defects are actually much more common than you may realize. That is because most malfunctioning products lead only to minor issues. Some types of products, however, cause major problems when they fail during use.
You may suffer minor injuries if the sole comes loose from your shoe while walking, for instance, but if the tread comes off your tire on I-95, your injuries are likely to be much more severe. Other defective products that commonly cause serious injuries include toys and baby items, car parts, appliances, medications, and tools.
These products most commonly cause injuries due to:
- A defective design that does not work properly when manufactured;
- A defect in the manufacturing process that causes failure or breakage; or
- A defect in the packaging or instructions, including missing warnings.
Who is responsible for my injuries?
We do not have to prove when the defect occurred in order to hold the manufacturer responsible for your losses, thanks to Florida’s strict liability laws. Instead, we need to provide enough evidence to demonstrate:
- There was a defect in the product;
- This defect caused your injuries;
- You were using the product in a reasonable way, according to directions; and
- You did not alter the product in any significant way.
If we can collect the evidence to prove these four things, we may win your case. However, getting this proof is not always as easy as it might seem. We need to analyze the product, demonstrate how it led to your injuries, and investigate other similar incidents.
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How can a defective products lawyer help me get the money I need?
Product liability cases are difficult for one reason: Manufacturers do not want to admit they made a defective product. They often fight defective product claims aggressively. That is because this type of admission might mean pulling the product from stores and losing millions of dollars.
Because the stakes are so high, it pays not to trust these corporations or their insurance companies. If you try to handle this type of case on your own, they may use unscrupulous tactics to reduce your payout or strip you of your right to collect compensation at all. Even if you suffered relatively minor injuries and believe you have everything under control, you should discuss your settlement offer with one of our knowledgeable attorneys before you sign anything. If you try to go it alone, you could settle for less than you need to cover your expenses.
The insurance company may deny your claim outright or they may offer a small settlement, while never admitting the defect exists. We have to take this issue head-on, approaching the negotiation process with both skill and tenacity. We tirelessly fight for the compensation you deserve, even when the manufacturer refuses to admit any wrongdoing.
Our attorneys have experience with the state and federal consumer safety regulations that play a part in many of these cases. We understand how these rules apply to the product in question in your case and we can use any violations to help prove your claim and maximize your settlement.
While companies generally do not want to admit their products are defective, they also do not want the media coverage that comes from a lawsuit filed in civil court. We can use this knowledge to leverage a fair settlement or file the lawsuit and ask a judge and jury to award you damages for your injuries.
What type of damages can I recover in a defective products claim?
We can help you recover compensation for a wide variety of damages through a claim. These damages include costs related to:
- Medical care and continuing treatment;
- Rehabilitation and therapy;
- Ongoing care or future care related to your injuries;
- Lost wages and future loss of pay and benefits;
- Other injury-related expenses; and
- Pain and suffering.
To understand how much compensation we need to demand from the insurance company in your case, we must put an estimated value on your losses. This requires collecting all written documentation of your expenses and losses, including your bills and receipts. We interview medical and financial experts to understand your future care needs and the cost of this care. We also consider how your injuries impair your ability to work or participate in activities and the impact they have on your quality of life. This allows us to put an accurate value on your claim.
In rare instances when these cases go before a judge, the judge may award punitive damages in addition to the damages we request. Courts award these damages to punish a defendant for gross misconduct or malicious behavior. This most frequently occurs when we uncover a history of similar claims against a product, but the company continues to market and sell the item to consumers.
Talk to a defective products lawyer from the Law Firm of Anidjar & Levine for free today.
At the Law Firm of Anidjar & Levine, we have a defective products lawyer in Davie ready to talk to you about your claim. Our legal team has the skill and experience to navigate these complex cases and recover the money you need to pay your bills and move forward with your life. Call us for a complimentary consultation.
