Despite product safety regulations, many defective products make their way to market. People sustain serious and even fatal injuries from defectively designed or manufactured everyday items, tools, and equipment—even when they use it with care.
Manufacturers have a legal duty to distribute reasonably safe products, provide necessary instructions for use, and adequately warn consumers of risks. When they fall short of these basic standards and consumers suffer injury as a result, manufactures can be liable for the harm their products cause.
If you or a loved one suffered an injury from a product in Jacksonville, call the Law Firm of Anidjar & Levine to discuss your accident. Our defective products lawyers help injured victims hold manufacturers and other parties along the supply chain financially liable for preventable injuries that result from defective products. We may be able to help you recover your losses and expenses, too. Contact us today at 800-747-3733 for a free consultation.
Am I eligible to file injury claim?
Florida law provides certain protections for consumers, allowing them to pursue compensation from businesses whose products cause them harm. There are various legal theories that determine how you and your lawyer approach your case, from negligence to breach of warranty. At a minimum, to qualify to file a claim and recover damages for a defective product case, you must be able to prove the following:
- The product was defective;
- You suffered an injury and sustained damages;
- The product was the cause of your injuries; and
- You were using the product correctly and for its intended use.
What is a “defective” product?
There are a few ways the courts will deem a product defective.
Defective design: When product engineers make errors or oversights in the design process and wind up developing a product that is inherently dangerous, it opens the manufacturer up to liability, even when they follow the blueprint during manufacturing.
Example of defective design: A line of hair curling irons with a design flaw that causes them to short out and shock the user when the iron is on a high setting.
Defective manufacturing: A product can also become defective when there are errors made during the manufacturing or assembly process. The products’ design may be correct, but an error occurred sometime during production.
Example of defective manufacturing: A batch of over-the-counter cough syrup contaminated by a toxic substance during production.
Failure to warn: Another common type of product liability claim involves a manufacturer’s “failure to warn.” When a manufacturer fails to provide consumers with adequate warnings or instructions about the product’s proper use, it puts the user at risk for injury.
Example of failure to warn: A strong household cleaner packaged without instructions for safe use or a caution label regarding proper ventilation.
What does the claim process entail?
The claims process involves several important steps.
- First, we will discuss the details of your accident with you and gather the basic facts.
- Then, we investigate the cause of the mishap, talk to product engineers, and obtain experts’ opinions on the defect and how the product malfunctioned.
- Next, we determine which party is responsible for the problem. Often, it is the product manufacturer, but the blame can also lie with another party along the supply chain, such as an outsourced packaging plant, material loaders, distributors, or retailers.
- Once we have access to all this information, we will initiate an injury claim with the defendant’s liability insurer.
- With your help, we will also begin calculating your damages. Our team will review your bills, receipts, medical records, prognoses, income history, and other documents to gauge the total economic loss you have sustained and will sustain as a result of the accident. When tallying your current and future economic losses, we will also factor in your non-economic losses, like pain and suffering, associated with your injury.
- Once we know how much your claim is worth, we will send a demand letter to the defendant, requesting full and fair compensation.
- We will review any offers the insurance company provides, counsel you whether they are fair and reasonable, and, if necessary, negotiate for a larger sum.
- Should you receive a fair offer, we can finalize the documents and await your settlement check. If we cannot reach a fair settlement or if the manufacturer or insurer tries to thwart liability or minimize your damages, we will take the case to court.
Do I need an attorney to file a defective product claim?
Big money manufacturers hire teams of defense attorneys to make their legal problems go away. They typically deny responsibility and either pin the blame on the consumer or offer lowball settlements to avoid expensive payouts and negative press.
Most people simply don’t have the legal knowledge, time, or inclination to fight these types of claims. Keep in mind that the above description of the claims process is very simplified—claims often become exceptionally complex and tangential. Without counsel, you might give up too easily, make mistakes with the legal process, or settle for far less than what your case is actually worth.
Your best bet to ensure that your claim progresses correctly, you receive fair treatment, and you obtain the highest settlement or verdict possible is to enlist the help of a determined Jacksonville personal injury lawyer at the Law Firm of Anidjar & Levine.
Get a FREE informative consultation with a defective product lawyer in Jacksonville.
At the Law Firm of Anidjar & Levine, we offer free, no-pressure consultations to consumers in Jacksonville who have suffered injury from a defective product. Call our office at 800-747-3733 to discuss your eligibility and options today.