Defective products can cause injuries in ways most people never dream of—until it happens to them. This is why there are federal and state consumer protection laws in place and why, in Florida, you may file for compensation to cover your accident-related damages after you suffer injuries from a defective product.
If you believe a defective product caused you to sustain physical, emotional, and financial injuries, the trusted attorneys at the Law Firm of Anidjar & Levine can help you understand your legal options. We offer free claim evaluations, where we discuss the details of your case and offer advice for getting the compensation you deserve. Call us today at 800-747-3733 to schedule a meeting with a defective products lawyer in Kendall.
How Do Products Become Defective?
Some products have defects before they ever make it to the factory. Their design is not thoroughly tested or the designers ignore issues that appear during testing. Others suffer from a defect when the manufacturer cuts corners or makes mistakes. These products often fail because the manufacturers use weak or defective materials in one or more of its components.
Occasionally, the product itself is not the issue. Instead, it lacks the proper warnings or clear instructions for use on the packaging or package inserts. This means consumers use it incorrectly and they suffer injuries.
While almost any product can be defective, some defective products are much more dangerous than others. Tires that fail and cause a car accident, for example, are much more likely to cause serious injuries than a cosmetic product without the proper application instructions. However, both are defective and can lead to injuries and insurance claims.
Some of the most common claims we pursue for clients involve:
- Other car parts;
- Toys and baby products;
- Tools; and
We can review your case and determine if you are eligible to file a claim against the manufacturer of the product that caused your injuries. The best way to know if you have a case is to schedule a complimentary consultation with one of our lawyers today.
What Is Strict Liability and How Does It Affect My Claim?
To win compensation for your defective products injury, we need to show the product’s manufacturer is liable for the damages you suffered. In most personal injury cases, this would require us to identify exactly when and how the manufacturer acted negligently. In a defective products case, however, the strict liability doctrine plays a role.
Under strict liability, we only need to prove:
- There is a defect in the product;
- This defect caused your injuries;
- You were using the product according to instructions or in a reasonable way; and
- You did not alter the product in a way that caused your injuries.
Strict liability prevents us from having to investigate the entire design and manufacturing process and their supply chain to uncover how and when the defect occurred. It also allows us to hold the manufacturer liable even if they were unaware the defect existed. This means we can collect compensation for our clients in cases where it would be impossible under other negligence laws.
How Can a Lawyer Help Me Recover the Compensation I Need for My Injuries?
We approach every defective products case head-on, aggressively going after the compensation you deserve while proving there is a serious flaw in the product. This is important, because companies do not like to accept there is a problem with their products. They want to pay out only what they must in your case so they can keep the same product on the shelf to sell to other consumers.
The first thing we do is launch an investigation into your case and begin preparing our claim for compensation. As a part of this process, we enlist various experts on our team to help us better understand the product and how it failed. We have researchers who look for similar cases against the manufacturer. We sort through all possible evidence to show the product defect led to your injuries.
Once we have a solid case and all available evidence, we file a claim with the manufacturer asking for compensation from their business liability insurance. This prompts their insurer and legal team to begin their own investigation.
At some point, they usually come back to us with a settlement offer. This gives us an opportunity to fight for the fair payout you deserve to cover your medical care, lost wages, pain and suffering, and other damages.
We typically secure out-of-court settlements in product defect cases. Most manufacturers want to avoid the courtroom—and the media attention a lawsuit brings. Occasionally, though, we may need to file a civil suit in a court. If this occurs in your case, we will provide you with legal representation throughout the process and fight for the judge to award you the full amount of compensation you deserve.
What Types of Damages Are Available in a Defective Products Claim?
We can help you recover compensation to cover a wide variety of damages after suffering injuries in this type of case. These damages include the cost of ambulance transportation, emergency department care, hospitalization, and other medical treatment, as well as lost wages and the cost of ongoing care. We collect your bills, receipts, and other documentation of expenses and losses. We also consider the pain and suffering you endured and request non-economic damages to compensate you for these damages.
If your case goes to court, the judge can also award punitive damages. These are rare, but possible depending on the facts of your case. Punitive damages punish the manufacturer. The judge may award them if they believe the manufacturer purposefully ignored the defect, allowed a defective product to remain on store shelves, or otherwise acted in a particularly reckless or heinous way.
How Can I Talk to a Lawyer About My Claim?
The Law Firm of Anidjar & Levine has defective products attorneys ready to discuss your case with you 24/7. We have a full legal team who can go to work on your claim and fight for the maximum payout you deserve for your injuries and other damages. Call us today at 800-747-3733 to meet with one of our lawyers for free. We have offices throughout South Florida and handle all cases on a contingency basis.