As a consumer, you have the right to purchase and use products without fear of physical harm. Consumer goods companies also have a legal obligation to ensure that their products will not cause injury or harm to the public. If they fail to carry out that duty of care—and if it results in injuries or death—the company may be liable for their negligence.
Defective products can cause a variety of serious injuries, including wrongful death. If you or a loved one sustained an injury as a result of a defective product, you may be legally entitled to compensation.
The attorneys at the Law Firm of Anidjar & Levine can help. We will build a solid case against the product’s manufacturer, designer, or distributor and file a claim for compensation on your behalf.
We will protect your legal rights and relentlessly pursue your case until you have the compensation you deserve. Call us to schedule a free, no-obligation claim evaluation with a defective products lawyer in Miramar.
What Kinds of Injuries Occur Due to Defective Products?
Defective products can cause almost any kind of personal injury. However, some of the most common types we see include:
- Burns;
- Strangulation;
- Choking;
- Broken bones;
- Head or brain injury;
- Nerve or spine injury;
- Poisoning;
- Electric shock;
- Lost limbs or digits;
- Crushing injuries;
- Loss of hearing or vision; and
- Death
What are Some Common Types of Defective Products?
Any type of product can show a defect that causes it to malfunction. However, some products pose more of a risk than others. Some of the most dangerous types of product defects are:
- Children’s car seats;
- High chairs;
- Cribs;
- Strollers;
- Household appliances;
- Automotive parts;
- Recreational vehicles;
- Tools; and
- Beds
Defective baby furniture and infant-related products can cause devastating child injuries and household goods are responsible for many product defect injuries.
Defective automotive parts and components are also a big problem. Faulty airbags, tires, and seatbelts can lead to catastrophic car crashes, rollovers, and injury accidents.
Everyday items, including smartphone batteries, can malfunction and cause serious injuries. Defective recreational vehicles, such as dirt bikes and ATVs, are also particularly hazardous.
No matter what type of product caused your injury, we can help. Contact us immediately after an accident so we can get to work proving your case.
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How do Most Product Defects Occur?
Product defects can occur at any time during the manufacturing process. In general, most defects fall into one of three categories.
Design-Related Defects
This category describes those products that pose a danger due to a design flaw. In order to prove this type of claim, we must show that a safer alternative design exists.
Manufacturing-Related Defects
This category contains those products that were defective when they left the factory. In other words, we must prove that some aspect of manufacturing process was responsible for the defect and subsequent risk.
Marketing-Related Defects
Also known as “failure to warn,” this category describes those products that lack appropriate labeling or adequate instructions for use. In this case, we may be able to hold the manufacturer and distributor liable for failing to inform consumers about their product’s risks.
What is the Value of My Defective Products Claim?
We cannot know the full value of your claim until we examine the details of your case. However, we will seek compensation for all of your current and future injury-related expenses, including:
- Doctor bills;
- Hospital bills;
- Other medical care costs;
- Lost wages;
- Property damage;
- Future medical costs;
- Future loss of income; and
- Pain and suffering.
We will collect evidence of how your accident occurred, using your medical records and doctor bills as proof that you suffered serious injuries. We can also provide employment records that show your lost wages when we file your claim. We will consult with medical and occupational experts who can estimate the injury-related costs you will face in the future.
How can I Prove My Claim?
Product liability is a complex aspect of the law. Our attorneys will determine the right strategy to pursue in your case and guide you through the claims process.
Typically, a product liability claim will fall into one of three categories.
Strict Product Liability
In a strict product liability claim, we must demonstrate that you used the product as intended and did not modify the product in any way, yet you still suffered an injury due to a defect.
Negligence
Unlike most other personal injury cases, we do not need to prove negligence in defective product action. However, doing so may offer some significant benefits to your case. To prove negligence occurred, we will demonstrate that the manufacturer, distributor, or designer had a duty of care to keep you safe, but they breached that duty. We will also show that their breach caused your injuries and that you suffered provable damages.
Breach of Warranty
In a breach of warranty claim, we must demonstrate the same elements as a strict product liability claim. In addition, we must prove the malfunction that caused your injuries was under a warranty from the manufacturer.
Do I need a Defective Products Lawyer?
Our lawyers have experience with defective products and the harm they can cause. We can evaluate your case and recommend the correct approach for pursuing your claim. We will gather evidence related to your injuries and the defective product and build a strong case for maximum compensation.
We will take your claim directly to the at-fault party’s insurance company and negotiate a fair settlement for your suffering. If necessary, we can also argue your case in court.
Under Florida statutes, you have only four years from the date of your injury to file a defective product lawsuit, so it is important contact us immediately about your claim.
Schedule a Free Case Evaluation with the Law Firm of Anidjar & Levine Today.
The process of substantiating a product liability claim requires an in-depth knowledge and understanding of these complex laws. At the Law Firm of Anidjar & Levine, we have the skills necessary to identify the at-fault party and build a strong case on your behalf.
We will work diligently to protect your legal rights and to help you obtain the maximum compensation you deserve. Contact us today to schedule your complimentary consultation and case review.
