Miami Product Liability Lawyer
If you were injured by a defective product and are in need of a product liability attorney in Miami, you may have a claim against the manufacturer or person who sold you the product. The Products Liability Lawyers at the Law Offices of Jason Turchin want to help you with your claim. Call us today to find out more at 800-337-7755. It’s a free consultation.
What is Florida Products Liability Law?
Florida Statute 768.81(d) defines Products Liability as:
“a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.”
In other words, a person who is injured by a defective product or device may file a civil claim to recover damages for his or her pain and suffering, medical expenses and more.
A product is defective when their manufacture, design, or marketing makes it inherently dangerous even if it is being used normally and as intended. Product defects can be extremely hazardous and cause serious injury, including:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and broken bones
- Severe burns
- Allergic reactions
- Wrongful death
Under Florida products liability laws, manufacturers, designers, distributors, or anyone in the chain of commerce may be held liable for injuries caused by a defective product if the plaintiff can show:
- He or she suffered an actual injury
- The defect was the proximate cause of the injury
- He or she was using the product as per its intended use
- The manufacturer, designer, or distributor knew or should have known that the product was defective and failed to remove or repair the product or failed to warn consumers that there was a defect.
Types of Products Liability Defects
In Florida, products liability law generally covers three different types of defects that a manufacturer, designer, or distributor may be liable in the event that you get hurt. These include:
- Manufacturing Defects
Manufacturing defects are unintended, but may cause injuries because of a problem or malfunction that occurs during the negligent assembly of a particular product.
Even if the manufacturer took proper care while assembling and inspecting the product, a defective product harms a consumer even when used as intended, the manufacturer may be liable for damages under the theory of strict liability.
An example of a manufacturing defect is an airbag that corrodes over time due to poorly regulated manufacturing standards and practices. Another example is where someone forgot to screw in a bolt or forgot to seal part of the product before it was packaged or sold. Using the wrong type of glue which can break down on the product over time may also be a manufacturing defect, but could also be a design defect.
- Design Defects
A design defect occurs when something about the way the product was designed makes the product dangerous for regular, intended use.
An example of a design defect would be a child’s doll that contains small accessories. The product is intended for children, and yet creates a serious choking hazard for them.
- Marketing Defects
Marketing defects may be harmful to consumers for inadequate instructions or warnings for proper use of the product. When a manufacturer or distributor fails to adequately warn consumers about how to properly use a product or about certain hazards, they can be liable if consumers get hurt.
A hair dryer that fails to warn consumers about the risk of electric shock is an example of a marketing defect. Another example is a pressure cooker with inadequate instructions to enable an average user to safely operate the product.
Examples of Products Liability Claims
Florida product liability claims generally fall into 4 main categories:
Child Products – If your child was injured by a product, like a stroller, car seat, high chair or other toy or furniture, you may have a claim for product liability in Florida to cover any pain and suffering, medical expenses and more.
Consumer Products – If you were injured by a consumer product, you may have a claim for product liability in Florida. This includes injures caused by electronics, phones, vape devices, pressure cookers, hair products and more.
Automotive Defects – If you were hurt in a car accident as a result of a part of the car, like airbag, or the vehicle caught on fire, you may have a claim for your injuries. Other vehicle defects include problems with the tires, ignition switch, car turning off while driving and more.
Medication and Medical Device Defects – If you suffered bad side effects as a result of medication, or required additional surgery or had complications from a medical device, you may have a claim for product liability. There are several examples of defective hips, endoscopes which cause burn injuries, and medications which cause increased risk of stroke, kidney disease and more.
Call a Florida Product Liability Claims Lawyer
When we buy something, we do so with the expectation that it will work properly as intended. Getting hurt is the last thing we should have to anticipate while using a product normally.
If you were hurt by a defective product, finding the best Miami Products Liability Lawyer to help you navigate the legal process and fight to get you the compensation you deserve for your pain and suffering may be a daunting task. Jason Turchin and his team of experienced Products Liability attorneys in Miami have helped numerous victims who have been hurt by many different types of defective products and can help answer your questions. To find out how we can help you, call us today for your free consultation, or contact us online.