Product manufacturers have an obligation to make and sell items that are safe and pose no unreasonable harm to users. If they fail to do so, there are consumer protection laws and Florida state statutes that allow injured users to hold them responsible for their injuries and damages. This may include medical bills, lost wages, pain and suffering, and other damages.
At the Law Firm of Anidjar & Levine, our seasoned team of defective products attorneys can help you understand your legal rights and fight for the compensation you deserve. We can connect you with the resources you need to ensure you get the necessary medical care—and guide you through the process of recovering the money to pay for it. Call us today at 800-747-3733 to learn how a defective products lawyer in Port Charlotte can help you hold the manufacturer liable for your injuries.
What Is a Product Defect?
Product defects can occur at almost any time in the life cycle or supply chain of a product. From design to manufacturing to distribution, numerous things can go wrong and make a product dangerous to use. While every case is somewhat different, there are three general categories of product defects we commonly see in cases we handle.
Design Defects
Design defects are most common when companies rush products to the manufacturing stage without proper testing. Companies have an obligation to prevent consumers from facing unreasonable risks, but when a product could greatly impact their bottom line, this is often the last thought on their mind. If a manufacturer failed to properly test their designs and sold a faulty product to consumers, we can hold them responsible for your injuries and other losses.
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Manufacturing Defects
There are many ways the manufacturing process can go wrong and result in a defective product. Manufacturers opt for cheaper parts to save money, they use weaker materials than necessary, or workers cut corners in the assembly process. If we can show the product had a defect, we do not need to identify exactly when or how this defect occurred to hold the manufacturer liable.
Warning Defects
A product can be defective even if it works as intended and has no broken parts. These products lack the proper instructions or warning labels, putting consumers at risk. This occurs most commonly with medications and other healthcare products. Missing warnings on a medication can easily lead to unexpected side effects, unintended interactions, and even overdoses. We can hold manufacturers liable for your injuries and related losses if a product had incomplete or inaccurate instructions or lacked proper warnings, and this led to your accident.
What Are the Most Common Defects Behind Product Liability Claims?
Almost any product can have a defect. You probably encounter defective products on a regular basis and think nothing of it. Shoes that wear out too quickly or a pen that stops writing may be defective, but they cause little more than a passing annoyance. Because of the nature of other products, however, a defect is much more dangerous. Consider:
- Tires;
- Auto parts;
- Toys;
- Baby and children’s products;
- Household appliances;
- Power tools; and
- Medications and medical devices.
When any of these products are defective, the injuries a failure can cause become catastrophic. A defective tire loses its tread at interstate speeds and causes a devastating car crash. A toy breaks and an infant chokes on a small part. A medication lacks the proper warnings, and a grandmother suffers from a terrible drug interaction. These are all cases we have won. Call us today to discuss yours.
What Can I Expect During My Case?
Strict liability statutes apply to defective products cases in Florida, meaning we can hold the manufacturer responsible for the injuries you suffered without proving when or where the defect occurred in the manufacturing process. This law exists because it would be almost impossible to win this type of claim without it.
Instead of spending unreasonable amounts of time and money investigating the design process, supply chain, production practices, and other aspects of the manufacturing process, we can present evidence to prove:
- The product has some type of defect;
- This defect caused your injuries;
- Your used it according to package instructions and in a reasonable way; and
- You did not make any unreasonable changes to the product that contributed to your injuries.
Strict liability simplifies the claims process for us in several important ways, but taking on a corporation is always an uphill battle. We need to go to work quickly after an incident to collect evidence to prove the product defect. Often, this may require enlisting expert witnesses who can testify on our behalf. Having the product itself is also key in building a solid case against the manufacturer.
Once we have the evidence we need, we can reach out to the manufacturer’s legal team and ask them to compensate you for the damages you suffered. Usually, we do this through a demand letter that outlines your injuries and financial losses. From there, we usually begin settlement negotiations, fighting for a fair settlement based on our calculations of your damages.
Usually, these negotiations are successful and we reach a fair settlement out of court. Occasionally, though, we may need to file a personal injury lawsuit alleging defective product injuries. If this is necessary in your case, we will guide you through the process step-by-step. We represent you to the judge and jury, present all available evidence, and ask for compensation to cover the full value of your losses.
Why Do I Need a Lawyer to Represent Me During the Claims Process?
Even in the most straightforward product liability case, you will likely face a team of corporate lawyers who stand ready to defend their products and their bottom line. They have more at stake than just the payout in your case—the company’s reputation is on the line. You do not want to try to take on this legal team alone.
Many people think they can negotiate a fair settlement on their own without paying an attorney, but this rarely results in more money in their pockets. A seasoned attorney can calculate the full value of your losses, which is something most individuals greatly underestimate. Then, we can skillfully negotiate a settlement or take your case to court to recover compensation based on this calculation. This means we can usually get a much greater payout for our clients than they could achieve on their own.
How Can I Discuss My Injuries With a Defective Products Lawyer in Port Charlotte?
The defective products team from the Law Firm of Anidjar & Levine is ready to fight for the maximum payout available to you based on the facts of your case. We are not afraid to take on any size corporation. We have the resources to win against the largest companies in the world. Call us today at 800-747-3733 to schedule a free case review in Port Charlotte.
