When consumer products fail to perform as the manufacturer designed or intended, members of the public may sustain serious injuries or even death.
If you or a family member suffered a serious injury due to a product defect, you may have the legal right to pursue financial compensation. An attorney with the Law Firm of Anidjar & Levine can advise you of your legal rights and help you pursue an appropriate financial settlement for your injuries.
What types of defective products might cause injuries?
Any product can show a defect that has the potential to cause injury. Some of the most dangerous defects show up in the following products:
- Automotive parts, including tires, airbags, and safety restraints;
- Window blinds;
- Power tools;
- Home appliances;
- Children’s car seats;
- Sporting equipment; and
- Recreational vehicles.
Many of these products pose an increased risk of child injury. Other products that can cause harm to you or your family include computer and cell phone batteries, electronic cigarettes, hoverboards, and fidget spinners.
No matter what product caused your injury, you should speak with our attorneys as soon as possible. We can help you recover compensation for your injuries.
What types of injuries result from defective products?
Defective products can cause injuries ranging from minor to catastrophic. Some of the most common injuries include:
- Electric shock;
- Cuts and bruises;
- Traumatic brain injury;
- Neck or back injury;
- Lost digits or extremities;
- Loss of an organ;
- Loss of vision or hearing;
- Crushing injuries; and
Do I need a defective products lawyer?
Our attorneys have the skill and expertise you need to win your claim. Prevailing in a personal injury claim of this nature requires extensive knowledge of consumer protection laws at the state and federal level. It also requires advanced negotiation skills and an understanding of the legal complexities of product defect lawsuits.
Under the Florida statutes, you have only four years to file suit if you or a loved one sustained injuries due to a defective product. The statutes also regulate the filing process.
Federal consumer safety standards govern some defective products lawsuits, while others fall under state law. We can explain the difference and help you determine that best approach for your case.
Submitting a claim or, if necessary, filing a lawsuit requires assembling a variety of information and evidence to substantiate how the defective product failed and caused your injuries. We will gather this evidence from a variety of sources.
This may include testimony from medical and product safety experts, design and manufacturing data from the manufacturer, safety history, and evidence of prior legal action for similar cause.
Not only can our defective products attorneys provide all of these services, they can also ensure that you receive the necessary medical attention and treatment to help you recover from your injuries.
How much is my defective products claim worth?
We will calculate the value of your claim based on the types of injuries you sustained, your prognosis for recovery, and how the accident has and will affect your life.
Some of the costs we will include in your claim are:
- Medical care costs to date;
- Lost income to date;
- Other actual damages;
- Projected medical care costs;
- Projected loss of income;
- Pain and suffering; and
- Hedonic damages—or loss of life’s enjoyment.
If you sustained any long-term disability or permanent damage or disfigurement, we will determine the legal value of your injury and include it in your settlement amount.
How do product defects occur?
To make your case, we will begin by evaluating the nature of the product defect. Legally, product defects fall into one of these three categories.
Faulty Product Design
These products are dangerous because they have a design flaw. We must provide proof of an existing, safer design to make a case for faulty product design.
These products had a defect when it left the factory. Generally, this indicates that some portion of the manufacturing process caused the product to fail.
These products had insufficient labeling or warning for safe use. This type of defect, also called “failure to warn,” asserts that the product manufacturer or distributor has liability if they fail to inform the public of a product’s risks and its correct use.
How will my lawyer prove my product defect claim?
Once we have identified the nature of the defect in your case, we must determine an appropriate basis for your product liability claim. The options are strict product liability, breach of warranty, or negligence.
Strict Product Liability
This type of product liability claim requires us to demonstrate that you used the defective product as the manufacturer intended, that you did not make any modifications to the product, and that your injuries resulted from a product defect.
Breach of Warranty
This type of defective product claim requires us to demonstrate strict product liability, but in the context of a feature of the product that the manufacturer expressly warranted.
We have no obligation to prove negligence in a product defect suit. However, in some cases, we may have legal reason to do so. Proving defective product negligence requires demonstrating that the manufacturer, designer, or distributer owed a duty of care to the consumer and that, by virtue of them breaching that duty, you sustained demonstrable injury or damage.
Let the Law Firm of Anidjar & Levine handle your defective products claim.
Prevailing in a product liability claim or lawsuit requires an in-depth knowledge of the relevant laws. However, it also requires a dogged pursuit of justice for the injured party. Because of the potentially high value of your claim, you can expect to do battle with a large legal team working on behalf of the manufacturer. These parties strive to pay you as little as possible for your injuries.
The attorneys of Law Firm of Anidjar & Levine will fight tirelessly for your legal rights to help you prevail and secure fair compensation for the harm you suffered. Contact us today at 800-747-3733 to schedule a free consultation and case review with one of our local defective products lawyers.