Manufacturers have a responsibility to provide consumers with safe, defect-free products. Unfortunately, many defective and dangerous products end up on store shelves, injuring thousands of people.
If you suffered an injury due to a defective product, contact the attorneys at the Law Firm of Anidjar & Levine today. We hold manufacturers liable for the injuries their faulty products cause and will help you recover the damages you deserve. Call 800-747-3733 for a free consultation with a defective products lawyer in Plantation.
How do product defects occur?
Defects can occur in a number of ways in any product. Certain products, like automotive parts, baby items, and medical devices, pose a greater risk of injury if they do malfunction.
Typically, most defects occur in one of three ways. Our lawyers can help you determine where your case fits among these categories. This will help us identify the party responsible for your injury.
Failure to Warn or Defective Marketing
Manufacturers must warn consumers if their product is dangerous in a way that is not obvious to a reasonable person. They must also provide proper instructions on how to use their product. If your product lacked the proper warnings or instructions, we can hold the manufacturer liable for your injury.
We will show that the required warning or instructions were not included with the product as purchased. We may use expert testimony to establish that the product caused your injuries and testimony from a psychologist to prove a reasonable person could have experienced the same outcome due to the product’s lack of instructions.
When a product does not work properly, it is often due to a manufacturing flaw. Outdated components, faulty wiring, and broken fasteners are all examples of manufacturing defects. We will use expert engineering testimony to establish how the manufacturing defect caused your injuries. Factory assembly records and worker testimony can also be useful to establish how the error occurred.
A well-manufactured product can still have a design defect if the product is inherently dangerous. Scientific experts can testify to what makes the design defective. We will ask behavioral experts to testify regarding why the design is not suitable for safe use based on human tendencies.
No matter how your defective product injury occurred, our attorneys can help. Call our office today so we can begin collecting evidence to support your claim for compensation.
What can a lawyer do in my case?
As your attorneys, we will investigate your case thoroughly to make sure we have all the evidence we need to get you the compensation you deserve. Early steps in the process may include:
- Evaluating medical records from the days following the accident;
- Taking photographs of the scene of the accident;
- Talking to witnesses;
- Collecting written material that came with the product, such as instruction manuals and warranties;
- Acquiring a complete history of the product through receipts and other purchase records;
- Maintaining possession of the product throughout the process; and
- Making sure that the product remains in the same condition it was in at the time of the accident.
Timing is important when it comes to this type of claim. Florida enforces a four-year statute of limitations on product liability lawsuits, meaning we only have four years from the date of your accident to file suit against the responsible party.
Many defective product cases do not need to progress to court. Instead, we file a claim with the at-fault party’s insurer to cover your damages. It is, however, essential that you preserve your right to file a suit in case negotiations break down during the claims process.
Proving Negligence or Strict Liability
Once we have a complete understanding of the defective product and your injuries, we will build a case to prove that the manufacturer, designer, or distributor of the product is liable for your injuries under the rules of negligence or strict liability.
A negligence claim against the defendant involves four legal elements: duty, breach, causation, and damages. If we can prove the following, we can make a strong case for negligence:
- The manufacturer in your case owed a duty of care to consumers to ensure that their product was safe for use;
- The manufacturer was negligent in designing, manufacturing, or assembling the product—or failed to warn of its dangers—and therefore breached that duty;
- The breach directly and proximately caused your injuries; and
- You suffered injuries or actual damages in the accident.
Under Florida’s law of strict product liability, manufacturers are strictly liable for a person’s injuries if the product is unreasonably dangerous. That means that we do not have to prove the defendant’s negligence, as long as we can show that the product is defective in some way and that the defect caused your injuries.
We will establish strict liability by proving that:
- The product was unreasonably dangerous;
- You were using the product as intended; and
- The defect or failure to warn caused your injuries.
How can I file for compensation?
After we have accumulated enough evidence to prove negligence or strict liability, we can file a claim with the at-fault party’s insurance company. In this claim, we will include our calculation of your injury-related damages, taking into account your medical bills, lost wages, emotional suffering, and any other losses you have endured.
We will negotiate directly with the insurance company to get you the fair compensation you deserve. If they are unwilling to offer a settlement, we can file a lawsuit on your behalf and argue your case in court.
The Law Firm of Anidjar & Levine can help you recover compensation after a defective product injury.
If you suffered an injury after using a defective product, you have every right to pursue compensation. The lawyers at the Law Firm of Anidjar & Levine are here to help. We will investigate your case and file a strong claim for damages. With this claim, you not only help yourself, but other consumers as well. Cases like these force manufacturers to fix their defective products, thereby preventing others from getting hurt.
Let us personally advise you during this difficult time. Call 800-747-3733 for a free consultation today.