Table Of Contents
Each year, countless individuals in Florida are harmed by hazardous goods, with many oblivious to the injustice they’ve suffered. If you’ve been injured due to a defective or unsafe product, you might be entitled to financial recompense through an out-of-court settlement or a jury award via a personal injury claim. Contact the experienced personal injury attorneys at Herman & Wells to explore your legal avenues and understand what you may rightfully claim. Our Bradenton product liability lawyer are here to help.
As outlined in state law under Florida Statutes § 768.81, product liability is defined as the legal action initiated in response to “strict liability, negligence, breach of warranty, nuisance, or comparable theories for damages induced by the making, construction, design, formulation, installment, preparation, or assembly of a product.”
Essentially, if a product causes harm or leads to the demise of a user, you possess the entitlement to claim financial recompense from the responsible entity. This acquired compensation can then serve as a monetary buffer for various needs such as medical expenses, lost earnings, emotional distress, physical disfigurement, and more.
When used inappropriately, any product could potentially become a safety hazard, leading to injury or even death. However, it’s not only misuse that can lead to dire consequences. In many instances where a product is used correctly or if essential safety instructions or hazard warnings aren’t provided, the creator or designer of the item may face liability. Listed below are common products that can cause injuries due to poor design or manufacturing defects:
Faulty car tires can lead to accidents, often with serious consequences.
This includes brakes, seatbelts, airbags, which if malfunctions, can directly cause life-threatening situations.
Though it’s assumed to be safe for children, poor design or manufacturing can lead to accidents and injuries.
These products, due to their intended users, should be safe and free from any hazardous elements.
Unsafe food products can cause health issues, sometimes severe, if contaminated or improperly packaged.
Items like shelves and mounts could pose serious “tip over” hazards.
Poorly designed or manufactured home furnishings can cause injuries.
Kitchen appliances, if defective, can cause a variety of accidents, from minor burns to major fires.
When it comes to liability claims for defective products, there are generally three different types:
In a negligence claim, it must be proved that the injuries suffered were a direct result of carelessness in the design or manufacturing of the product — failure in maintaining equipment, not foreseeing potential hazards, inadequately inspecting or testing the product, or releasing it prematurely.
With strict liability claims, it needs to be established that the injuries were directly due to a defective product. It’s not necessary to prove negligence — simply that the product was faulty.
A breach of warranty claim can be filed if the product was being used as intended and it failed. These claims often arise from written or expressed warranties, but the law can also acknowledge implied warranties.
Suffering injury or damages from defective or risky products could qualify you for compensation.
Nevertheless, the complexity of advocating for a product liability lawsuit and maneuvering through the claims process can be daunting. Engaging the services of an attorney becomes paramount to ensuring you get the compensation you rightfully deserve.
A Bradenton product liability attorney, such as those at Herman & Wells, brings to the table indispensable legal expertise that can make a difference in your case. They have the skills to negotiate on your behalf with insurance firms, accumulate pertinent evidence, and if necessary, represent you in court proceedings. Don’t let the intricacy of the justice system hinder you from receiving just compensation—consult with an attorney as soon as possible.
Our Bradenton product liability team is equipped with over 25 years of combined legal expertise, specializing in navigating the intricacies of product liability law. We dedicate ourselves to vigorously defending our clients’ rights and securing the compensation they are due, leveraging deep industry knowledge and a track record of successful negotiations and litigations. Trust in our experience and commitment to excellence to guide you through the legal process with confidence and precision.
Filing a product liability claim involves several crucial steps, each demanding precision and adherence to legal standards to ensure a successful outcome. Below, we delineate the indispensable phases of this process to equip you with the knowledge needed to effectively pursue justice.
The first step in filing a product liability claim is to accurately identify the product causing injury. This includes gathering all relevant information about the product, such as the name of the manufacturer, model, and serial number. Documentation, including purchase receipts and photographs of the product and injury, are critical in this phase.
There are three primary types of product liability claims: design defects, manufacturing defects, and failure to provide adequate warnings or instructions. It is essential to analyze the cause of the defect or risk that led to the injury to determine under which category your claim falls. This classification will significantly direct your legal strategy.
Consulting with a seasoned product liability lawyer is paramount. A specialized attorney can offer comprehensive advice, evaluate the strength of your claim, and outline the best course of action.
The actual filing of the claim is a technical process that requires meticulous attention to detail and adherence to statutory deadlines. Your attorney will prepare and lodge a detailed claim on your behalf, ensuring that it meets all legal requirements and is submitted within the stipulated timelines to avoid forfeiture of rights.
While many product liability claims are settled outside of court, some cases may require a trial. Preparing for court involves gathering and organizing all evidence, including expert testimonies and the injured party’s medical records. Your legal team will present your case, aiming to demonstrate the product’s defect and the extent of your injuries to secure fair compensation.
If injured by a defective product, prioritize your health by seeking immediate medical care. Documenting your injuries through a medical professional not only supports your recovery but also establishes crucial evidence for your claim. This step is fundamental in illustrating the severity and causation of your injuries.
After addressing your immediate health concerns, report the incident to both the product manufacturer and the retailer. This notification serves a dual purpose: it alerts them to a potential product issue and formally records the event, which is a critical step in the legal process. Providing a detailed account of the incident at this stage is essential.
Do not discard the defective product or any related evidence, such as the packaging, receipts, or instruction manuals. Preserving these items in their post-incident state is vital, as they will serve as physical proof of the defect. Photographs and video evidence of both the product and your injuries further strengthen your case.
Keep a detailed record of all events related to the injury and the defective product, including medical visits, conversations with the manufacturer or retailer, and any out-of-pocket expenses incurred due to the injury. Comprehensive documentation is invaluable, as it provides a timeline and context for your claim, ensuring no detail is overlooked.
Don’t let a defective product injury derail your life. Call a Bradenton product liability lawyer today. Let the experienced personal injury attorneys at Herman & Wells fight for the compensation that you rightfully deserve. Your initial consultation is just a phone call away. Reach out to our Bradenton office today at (727) 821-3195 and let us guide you through this process.
Remember, time is of the essence to assert your rights. Make the right choice, choose Herman & Wells. Your path to recovery starts here.
