You constantly rely on products manufactured by someone else, from the car you drive to work to the cold medicine you take when you feel under the weather. For the most part, these products fulfill our needs and make our lives easier. But what happens when one of these products is defective and does not work the way you expect it to? Or, worse still, what if a defective product causes injury, illness, or even death?
If you used a defective product and suffered injury as a result, you could be eligible for compensation from the manufacturer. The attorneys at the Law Firm of Anidjar & Levine can examine the details of your case and advise you on how to proceed. Call 800-747-3733 today for more information and to set up a free consultation with a defective products lawyer in Miami.
Types of Defective Products
There is really no limit to the types of defective products that could potentially cause injury and result in manufacturer liability. Our defective products attorneys have successfully represented clients who suffered injury after using products from a broad spectrum of industries. Some of the most common products that come up in liability cases include:
- Automobiles and automobile parts;
- Children’s toys;
- Tools and appliances;
- Baby items;
- Prescription drugs and medical devices; and
- Recreational vehicles like ATVs, dirt bikes, and boats.
The injuries that result from a defective product could include something like a stomach ulcer due to improperly formulated medication or brain trauma from a motor vehicle accident. Every case is unique. Our attorneys have the training to sort out the details of your claim, determine who bears responsibility, gather all the necessary evidence, and then pursue your case aggressively.
When is the manufacturer liable for my injuries?
Product liability cases differ from most other personal injury cases in a few important ways. In a typical case, such as a car accident or slip and fall situation, we have to prove not only that the other party caused your injuries, but that their actions met the legal definition of negligence.
For instance, if you suffered a head injury from a fall on someone else’s property, but the other party can prove they provided adequate warning or instructed you not to walk in the area where you fell, then you are unlikely to win your slip and fall case.
With product liability, you do not have to prove negligence by the manufacturer. Florida law has a strict liability doctrine, which states a manufacturer is liable for injuries caused by using its products, no matter careful they were in making the product.
To win your product liability case, we need to demonstrate three things:
- You were using the product in the way the manufacturer intended when your injury occurred;
- You did not substantially alter the product before you became injured; and
- The product featured a significant defect that injured you.
For instance, pretend you purchased a backyard trampoline for your children to play on. You set it up exactly as the manufacturer instructed and installed all the safety features that came with it. As your children were jumping on the trampoline, several of the springs gave way, causing your children to fall to the ground and suffer multiple injuries.
We can connect the dots in a case such as this and show that the manufacturer bears liability for your children’s injuries.
What types of damages can I recover in a defective product case?
Depending on the type and extent of your injuries, you might be eligible to recover several types of damages. Our attorneys can examine your situation and estimate all the current and future costs associated with your injuries. Some of the costs you incur might not be obvious and you do not want to leave them out when putting together your claim. That is why it is valuable to work with an experienced attorney on your case.
The most common types of damages in a product liability case include:
- Medical bills;
- Therapy and rehabilitation costs;
- Lost wages and earning capacity; and
- Pain and suffering.
Certain damages, such as pain and suffering, are intangible and thus difficult to assign an exact dollar amount to. The amount of your award depends on the strength of your case and the evidence we produce. Our attorneys have experience pursuing product liability cases. We can put our extensive knowledge and resources to use building the strongest and most compelling case possible.
Although we are not required to prove negligence by the manufacturer, you might be eligible for additional compensation, known as punitive damages, if the manufacturer was negligent or exhibited gross misconduct.
Punitive damages are exactly like they sound. The court levies them to punish the responsible party for bad behavior. For instance, if a drug manufacturer knows about a dangerous side effect from one of its products but continues to produce and distribute the drug, we can use this information as evidence of gross negligence and potentially win punitive damages in your case. These compensatory damages can be as much as $500,000 or, in certain cases, up to $2 million.
Do I need an attorney to pursue a defective product case in Miami?
Taking on a product manufacturer on your own is fraught with difficulty. Most large manufacturers have a highly paid team of attorneys working exclusively for them. These lawyers understand all the quirks and nuances of Florida product liability laws. When you face them on your own, they can often overwhelm you with their resources and intimidate you into accepting a settlement for less than you deserve, or worse, dropping your claim without receiving anything.
At the Law Firm of Anidjar & Levine, we know how to take on big manufacturers and get our clients the compensation they deserve. There may be millions of dollars at stake in a product liability case. Do not risk leaving money on the table because you lack experienced representation. Call our Miami defective products attorneys today at 800-747-3733 and set up a free consultation.