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Product Liability Lawsuit Guide
Welcome to our comprehensive guide on product liability lawsuits. This guide helps consumers, business owners, and lawyers understand product liability. It explains how to handle cases involving defective products and outlines the steps to pursue or defend a product liability claim. Our product liability lawyers have handled more than 6,500 accident and injury cases. If you were injured by a defective product, call us for a free consultation 24/7. We work on a contingency fee basis, so you don’t have to pay us any money out of pocket. We only get paid fees and costs if there is a recovery.
Understanding Product Liability
Product liability refers to the legal obligation of manufacturers, distributors, and sellers to ensure products are safe for consumer use. When products fail and cause harm, it can lead to legal action where victims seek compensation for their injuries or losses.
Types of Product Defects
- Manufacturing Defects: These occur during the production process and result in products that deviate from their intended design, which can make them unsafe.
- Design Defects: These flaws involve inherent problems in a product’s design that make it inherently dangerous, regardless of how well it is manufactured.
- Failure to Warn: Known as marketing defects, these involve inadequate instructions or warnings that fail to inform users of potential risks associated with the product’s use.
What are the Main Legal Theories in Product Liability Cases?
Three primary legal theories can apply in product liability cases:
- Negligence: Requires proving that the manufacturer or supplier failed to meet a reasonable standard of care in designing, producing, or selling the product.
- Strict Liability: Does not require proof of negligence. If the product is defective and causes harm, the manufacturer can be held liable. This theory emphasizes product safety over the conduct of the manufacturer.
- Breach of Warranty: Involves claims that the product did not fulfill the terms of its explicit or implied warranty.
Steps in a Product Liability Lawsuit
Filing a Complaint
The first step in a product liability lawsuit is filing a complaint in the appropriate court. This document outlines the plaintiff’s case, specifying the alleged defects, the harm caused, and the legal basis for holding the defendant liable.
Discovery Phase
During discovery, both parties exchange information related to the case. This includes depositions, requests for documents, and interrogatories. Discovery helps each side gather the evidence needed to build their arguments.
Pre-Trial Motions
Before the trial, various pre-trial motions may be filed, including motions to dismiss the case or motions for summary judgment, where one party argues that the undisputed facts require a ruling in their favor without a trial.
Trial
If the case proceeds to trial, both sides present their evidence and arguments. A jury or judge (in a bench trial) then decides whether the defendant is liable and, if so, the amount of damages to be awarded to the plaintiff.
Appeals
The losing party may appeal the decision to a higher court if they believe legal errors occurred that affected the outcome of the trial.
Navigating a Product Liability Lawsuit
For Plaintiffs
- Document Everything: Keep all records related to the product and your injuries.
- Seek Medical Attention: Health documentation can be crucial.
- Consult an Attorney: Product liability law is complex, and skilled legal representation is often critical.
How to Find a Product Liability Lawyer Near Me
Product liability lawsuits are complex and demand a thorough understanding of legal principles, evidentiary requirements, and procedural rules. Whether you are a consumer harmed by a defective product or a company facing a lawsuit, the right information and legal advice are paramount.
If you need more information or legal representation related to a product liability issue, contact our office today. Our team is equipped to provide the guidance and support you need to navigate the challenges of product liability law effectively. The Law Offices of Jason Turchin helps consumers and families seek justice when defective products cause harm.
Call us at (800) 337-7755 or visit VictimAid.com to schedule your free case review today.
Product Liability Cases We’ve Handled
These are just some of the hundreds of product injury claims our office has handled:
Starbucks Coffee Burns
We’ve represented several victims burned by hot coffee bought at Starbucks. Burn cases can occur if the lid is not put on correctly by the barista, the barista failed to give a sleeve around the coffee, the barista spilled the drink during the handoff, or the coffee was served too hot.
Pressure Cooker Explosion
Our team of consumer product liability lawyers have handled hundreds of pressure cooker burn claims, recovering millions of dollars for our clients. Every case is different, so feel free to reach out if you were burned by a pressure cooker.
Exploding K-Cup Burns
When Keurig first came out, most K-Cups were branded by their company. Over the years, many third party companies have come out with their own cups. There has been an apparent lack of control over the quality of these third party K-Cups, including plastic used which may be too rigid for use in the Keurig. What could happen is that the Keurig will pierce the top of the K-Cup, but the bottom does not puncture, causing pressure to build up in the cup. When the user opens the lid, the hot liquid can explode out and cause burns.
Heated Blanket Burns
Our product liability lawyers have handled several injury claims from heated blankets which overheated and caused burns to the users.
Exploding Massage Gun Burns
Our office had a case against Amazon and the manufacturer of a massage gun which caught fire. The customer suffered burns as a result of the fire.
Step Stool Collapse
One of our clients was severely injured when her step stool broke and caused her to fall to the ground. We were able to settle her case after a lawsuit was filed.
Amazon Product Injury Claims
Our product defect attorneys have handled many injury cases against Amazon on behalf of customers who were hurt by defective products. If an unsafe product hurt you, you may be entitled to compensation.
Florida Product Liability Law: What Injured Victims Need to Know
If you were injured by a dangerous appliance, defective auto part, or dangerous drug within the state of Florida, your case is typically governed by specific state statutes. At the Law Offices of Jason Turchin, our trial attorneys understand how to leverage these laws to hold massive corporations accountable.
Here are the two most critical legal frameworks that we believe may impact your Florida product liability claim:
1. Strict Liability in Florida
Under Florida law, product liability claims are typically pursued under the doctrine of Strict Liability. This is a massive advantage for injured victims. It means you do not necessarily have to prove that the manufacturer was “negligent” or careless in making the product. Instead, you typically only need to prove three things:
- The product was defective (due to a design flaw, manufacturing error, or failure to warn).
- The defect existed when the product left the manufacturer’s control.
- The defect directly caused your severe injuries and damages.
2. Florida’s Statute of Repose (The 12-Year Rule)
While the statute of limitations dictates how long you have to sue after an injury occurs, Florida also has a strict Statute of Repose (Fla. Stat. § 95.031(2)(b)). This law states that, in most cases, a manufacturer cannot be sued for a defective product if the injury occurs more than 12 years after the product was originally purchased and delivered to the first consumer.
If you were injured by a defective product, time can be your enemy. Our investigative team from the Law Offices of Jason Turchin at VictimAid.com can act immediately to secure purchase records, inspect the product, and file your claim before these rigid statutory deadlines expire.
Florida Defective Product FAQs
Due to recent tort reform in Florida (House Bill 837), the statute of limitations for most negligence and product liability claims has been reduced. For injuries occurring on or after March 24, 2023, you generally have only two years from the date of the injury to file your lawsuit. Failing to file within this two-year window will likely result in your case being permanently dismissed.
Keep it in its current condition. Do not throw it away, do not attempt to fix it, and do not return it to the manufacturer for a refund. The defective item is the primary evidence in your case. If the product is lost, destroyed, or altered, the defense may claim “spoliation of evidence,” which can ruin your chances of recovering financial compensation. Place the item and all its broken pieces in a safe location until our legal experts can inspect it.
Yes. Under Florida’s strict product liability laws, anyone in the “chain of distribution” can potentially be held liable for your injuries. This may include the product’s designer, the parts manufacturer, the assembly plant, the distributor, and even the retail store (such as Amazon, Target, or Walmart) that ultimately sold the dangerous product to the public.
At the Law Offices of Jason Turchin, our representation costs you nothing out of pocket. We handle all defective product lawsuits on a strict contingency fee basis. We can front the costs for expert engineers and court filings, and we only collect an attorney’s fee or costs if we successfully recover a financial settlement or jury verdict for you. Call 800-337-7755 today for a free, zero-risk consultation.