When you buy a product from the store, you expect it to work as intended. Unfortunately, many products in the marketplace are defective and can cause serious injuries.
If you suffered an injury due to a defective or faulty product, you have the right to compensation for your damages. The Law Firm of Anidjar & Levine can help. We will fight for your consumer rights by filing a personal injury claim against the product’s manufacturer. We will not stop until we earn you fair compensation for your injuries.
How Do Product Defects Occur?
Product defects can happen at any point during the manufacturing process. The party at fault in your case will vary depending on what type of product defect caused your injury. The responsible party could include:
- The product’s designers, if the problem originated during the initial creation of the product;
- The manufacturer, if the defect appeared at some point during the building process of the product or of any one of its parts;
- The product’s distribution network; if a defect appeared because of negligent transportation practices; or
- The product’s retailer, if faulty storage practices created the defect that caused your injury.
How Can I Hold the At-Fault Party Legally Responsible?
In many personal injury cases, we rely on the legal concept of negligence to seek damages from an at-fault party. In a negligence case, we must establish that the responsible party owed a duty of care to keep people safe, breached that duty due to reckless behavior, and that breach caused injuries and damages. This can become problematic in defective products cases. It is often difficult or impossible to pinpoint the specific behavior that allowed a product defect to occur.
Instead, we usually base our defective product claims on strict liability. According to Florida’s strict liability laws, we can hold any or all parties involved in the chain of distribution of the defective product responsible for your injuries. These parties can be individuals or large corporations. To prove liability in a strict liability case, we do not have to show precisely how the defect occurred to hold the at-fault party responsible. Instead, we simply have to prove that it did occur.
To win you damages, we will need to show four things occurred in your case.
The Product Had a Defect.
We will closely examine the defective product to determine the precise malfunction that caused your accident. We can turn to subject matter experts to determine how the defect occurred.
This Defect Caused Your Injuries.
We will use your medical records to establish that you suffered injuries. These records will show the type and severity of your injuries and the treatments you received. We can turn to expert testimony and other evidence to show the product’s defect directly and proximately caused your injuries.
You Used the Product as Intended.
We will need to show that you were using the product the way the manufacturer intended it and did not alter it in any way. However, if you did not use your product in the intended manner but the manufacturer should have reasonably expected ordinary consumers to use the product in that way, you can still recover damages. For example, manufacturers of kitchen scissors should expect that consumers may use those scissors to open packages.
You Suffered Real Damages as a Result of the Accident.
We will turn to your medical bills, receipts, and employment records to prove that your injuries have cost you actual, monetary damages.
How Can You Prove a Product Defect Exists?
Proving that a defect exists is one of the most important parts of a defective products liability case. In order to prove your right to compensation, we will first need to show the product had a manufacturing, design, or marketing defect.
A product with a manufacturing defect has a flaw due to an error in the manufacturing process. These errors may only affect a small percentage of the products produced in a facility. For example, out of 1000 motorcycles, only a few may show a significant defect that could cause a crash.
If the product’s manufacturing was correct but there is an inherent problem with its design, the product may be legally defective. For example, a child’s toy made with a highly flammable material may have a design defect.
When a company fails to properly instruct consumers how to use the product and warn them of a non-obvious danger, it may have a marketing defect. For example, a failure to warn may involve a drug that does not include side effects on its label.
What Damages Can I Recover?
You are eligible for both economic and non-economic damages. Economic damages refer to damages with a set dollar amount. Medical expenses—including hospital stays, prescription drugs, and surgeries—and lost wages for your time out of work constitute as economic damages.
Non-economic damages refer to damages without a specific dollar amount. These damages may include pain and suffering, mental anguish, and loss of enjoyment of life.
The full value of your claim will depend on several factors. If you suffered permanent injuries or the product manufacturer was grossly negligent in your case, you may be eligible for a higher settlement. Our attorneys will examine the details of your defective products claim and estimate a full and fair value for your damages.
How Can I Speak to a Lawyer About My Defective Products Claim?
Consumers should be able to trust that the products they use are safe and defect-free. Sadly, this is not always the case. At the Law Firm of Anidjar & Levine, we do our best to make sure consumers who buy or use defective products receive compensation for the injuries they suffer.
If a defective product caused your injuries, you need one of our attorneys to assist with every aspect of your case. We can collect evidence, come up with persuasive arguments for your compensation, and value your claim to tell you how much to expect in damages. For an honest, thorough evaluation of your claim, call us at 800-747-3733 to discuss your options for financial recovery.