Palm Coast Product Liability Attorney
The products we use every day – such as power tools, children’s toys, medications and automobiles– must be safe to use. But what if flaws during the manufacturing process go unnoticed? Dangerous product design flaws and manufacturing defects can cause serious injuries and wrongful deaths.
Manufacturers have a legal responsibility to design and produce products that are safe when used as intended and to warn of any known risks. If you or someone you know has been harmed by an unsafe product, you may be entitled to significant compensation. It’s critical to speak with an experienced Palm Coast product liability lawyer.
At Chiumento Dwyer Hertel Grant, our legal team fights for justice for consumers who have been injured by dangerous products. When you choose our product liability law firm to handle your claim, you can expect:
- Results-driven strategies to pursue the compensation you deserve.
- An experienced and caring legal team.
- Access to top experts and other resources.
How Can a Lawyer Help Me?
Pursuing compensation from a manufacturer is a complicated process and requires a detailed investigation to identify the defect and determine how it caused harm. You must be familiar with state and federal product safety regulations, in addition to Florida product liability law.
Our product liability law firm can:
- Launch an Independent Investigation: In a product liability lawsuit, the burden of proof is on the person filing the suit. This means that you’ll need to prove the dangerous product directly caused your injuries. Our attorneys can launch an independent investigation to identify the extent of negligence from all the liable parties.
- Hire Product Safety Specialists to Build a Strong Case: Injuries aren’t enough to prove negligence in defective product cases. You’ll also need to establish that the manufacturer knew or should have known of the product defect and was negligent by failing to warn adequately of the risk. Relevant manufacturing specialists are often hired to establish how the product defect occurred in the manufacturing process, and how this caused your injuries. Our product liability law firm has access to a network of manufacturing experts who can consult and provide testimony on these issues.
- Take Your Case to Trial: While most defective product cases are settled before going to trial, it is still important to be ready to take the case to trial. Our attorneys at Chiumento Dwyer Hertel Grant have years of experience in the courtroom and the resources to take these cases to trial. We have the resources to go up against large corporations such as car manufacturers or drug manufacturers and fight for just compensation for you.
Types of Product Liability Cases
Product liability claims cover a wide range of products, from automobiles to children’s toys. These are the most common types of product liability cases our attorneys handle:
- Dangerous Drugs: Some manufacturers rush to put drugs on the market before the side effects are fully understood. Some adverse effects only become apparent afterward. Manufacturers may also realize that long-term use of the drug causes harm and fail to take steps to prevent injury. There is no excuse for this kind of outrageous behavior. If you have been harmed by a dangerous or defective prescription or over-the-counter drug, you can take legal action to hold the drug manufacturer accountable for the harm you have suffered.
- Defective Medical Devices: Medical devices such as pacemakers, artificial joints, stents, and pelvic mesh were intended to address health issues and improve people’s lives. But some patients and their doctors may discover that a medical device is defective and dangerous. For example, some hip replacements have led to metal poisoning, and pelvic mesh can cause organ perforation.
- Defective Tools and Electronics: Power tools and electronics must carry proper warnings to prevent consumers from sustaining injuries. Even when operated properly, some tools and electronic products may have defects or faulty designs that cause serious injury or risk of electrocution.
- Auto Defects: Car safety improves every year, but some defects have been identified only after many vehicles were in use. There have been a number of safety recalls on automobiles and faulty car parts, including airbags, ignitions, seat belts, tires, and more. If you have been harmed by an automotive component that did not function properly, you may seek compensation from the manufacturer for your medical bills and related losses.
- Defective Children’s Car Seats: Using a car seat is the best way to protect young children in the event of a car crash. But when car seats fail at critical moments, it can have devastating consequences. Car seat defects include faulty adjusters, weak frames, flammable materials, and faulty buckles.
- Dangerous Toys: When it comes to your children, you want to make sure they are always protected from harm. Unfortunately, even some toys are hazardous and pose a serious danger to children. In recent years, products such as children’s slides, plush toys, and pool inflatables have been recalled due to safety concerns.
How Can I Prove That the Product Was Defective?
According to Florida product liability law, the following elements must be considered when determining fault:
- Existence of Defect: You’ll have to prove that a product defect actually existed. Potential types of defects include manufacturing defect, defective design, or failure to warn adequately of the defect.
- Causation: Causation is another key element when determining product liability negligence. You must be able to prove that the defect caused your injuries. While this might be straightforward in some cases, causation can be complex. You may need to hire expert witnesses who can help establish causation.
- Whether the Product Was Used as Intended: User error is a common defense used by manufacturers being accused of negligence. For instance, if you were not using the product as intended, and this contributed to your injuries, then you will likely not recover compensation.
- Damages: Damages is a legal term referring to the extent of harm you suffered. This is an essential element when evaluating product liability negligence. Damages can include physical harm, pain and suffering, emotional distress, lost wages, and financial losses.
Do I Have Legal Rights to Product Injury Compensation in Florida?
Manufacturers have a duty to ensure their products are safe when properly used, and they must warn consumers of all known dangers. This means that if you are injured due to a defective product, then you have a right to take legal action and demand financial compensation.
Under Florida product liability law, you may recover compensation for:
- Medical costs
- Rehabilitation and physical therapy
- Lost income and loss of future earning potential, if your injuries are severe
- Pain and suffering
- Loss of companionship and support, if the product defect caused the death of your loved one
An attorney will work with you to identify all of the possible areas of compensation so that you can receive the maximum financial reward.
Florida Product Liability Laws
There are different product liability laws that may apply to your case, depending on the type of claim. Florida product liability laws typically cover three areas:
- Manufacturing Defect: With this type of product liability claim, the plaintiff alleges that an error during the manufacturing process led to defects or dangers in the final product. Even if the manufacturer intended for the product to be safe, the manufacturer still may be held liable for any oversights during the manufacturing process.
For example, if a company designed a car tire and the manufacturing process led to unintended defects, this would be a manufacturing defect product liability case.
- Defective Design: In defective design claims, the plaintiff alleges that the product was manufactured as intended, and the design itself had flaws. For instance, if an SUV rolls over when the driver swerves, this could potentially be a defective design case. The plaintiff might allege that the manufacturer should have known about the roll-over risks of a top-heavy automobile.
- Failure to Warn: A failure to warn claim is based on inadequate warnings to the consumer about the risks of using a product, making the product unreasonably dangerous. This is also known as a marketing defect claim.
- When filing a product liability lawsuit, you should be aware of the statute of limitations. This is the deadline that determines the length of time that you have to file a lawsuit.
Florida product liability law states that you must file within:
- Four years from the date of injury caused by the defective or dangerous product.
- Two years from the date of death caused by the defective or dangerous product.
Since Florida uses the discovery rule, these deadlines may be extended in situations in which the injury was not immediately known and was only discovered later. For instance, the clock would start ticking on the date you discovered you were injured or when you discovered that your injuries were caused by negligence.
Contact an Experienced Product Liability Lawyer in Ormond Beach and Palm Coast, FL
If you were harmed due to a dangerous or defective product, you have a right to take legal action against negligent manufacturers. The team at Chiumento Dwyer Hertel Grant can help. Since 1973, our product liability law firm has recovered significant compensation for people harmed by the negligence of others.
Contact us online today to schedule a free case evaluation with an experienced Florida product liability lawyer. Our firm has offices located in Palm Coast and Ormond Beach, Florida.