We hope that the products we purchase help make our lives easier and safer. However, this is not always the case. In some cases, defective products can malfunction and cause serious injury or even death.
If you have been injured by a defective product, you may be entitled to financial compensation.
What kinds of defective products often cause consumers injuries?
Defective products span across all industries, but can include anything that is unreasonably unsafe to use. Our attorneys have helped people throughout Fort Lauderdale with all types of product liability claims. Some common defective products that tend to cause people injuries and take the hot seat in liability claims include:
- Unsafe automobile parts
- Dangerous medications
- Children’s toys (e.g., scooters, trampolines, etc.)
- Defective appliances, tools, and equipment
- Baby items, e.g., child safety seats, cribs, swings
The types of injuries resulting from defective products vary. For example, if an automobile part does not work properly, the car may become involved in a traffic accident through no fault of the driver. If a medication is defective, then the patient may face severe and previously unknown side effects. Each case is different. Injuries range from the relatively minor to catastrophic, including child injury, brain injury, and spinal injury.
Can I hold the manufacturer liable for my injuries?
Unlike other types of cases where you (the plaintiff) might have to prove the other party (the defendant) was negligent or careless to win your claim, courts have a special and somewhat distinct way of apportioning liability for injuries arising from defective products.
Products liability law does not require negligence on the part of the product manufacturer. While a plaintiff may still allege that a defendant’s negligent behavior caused the plaintiff’s injury, a plaintiff can also allege that a defendant is “strictly liable” for the plaintiff’s injury. The strict liability doctrine allows a consumer to hold a product manufacturer liable for injuries caused by the product, regardless of how careful the manufacturer was in making the product.
To assert a successful strict liability claim against a product manufacturer, you must show three things:
- The product had an unreasonably dangerous defect that injured you.
- You were using the product in the way the manufacturer intended when the defect injured you.
- You did not substantially alter the product after receiving it.
What types of expenses can I recover with a product liability claim?
A product liability claim settlement or verdict can reimburse you for your current and future expenses and intangible losses related to your injuries. To ensure accuracy and comprehensive compensation, have an attorney valuate your claim to estimate the total value of your unique case. Some of the things our attorneys might be able to help you pursue compensation for include:
- Medical and rehabilitation expenses
- Lost wages
- Reduced capacity to work
- Emotional harms, i.e., pain and suffering
In some cases, victims of defective product injuries might be entitled to punitive, or exemplary damages. These monetary awards, which could be as much as $500,000, punish the defendant for gross negligence or intentional misconduct.
For instance, if the manufacturer knew a medication was dangerous but concealed studies about side effects, ignored consumer complaints of injury, and continued manufacturing the product anyway, the courts could punish the defendant by ordering the company to pay the victim punitive damages above and beyond owed compensatory damages.
When you ask the Law Firm of Anidjar & Levine to help you with your case, we will take the time to understand your injuries, the treatments required, and the effect the accident is having on your life. If necessary, we will also work with a financial expert to determine your future damages, as well, so that you will never have to worry about being able to afford future care.
Our goal will be to articulate all this information to the insurer or court so that we can pursue a full and fair amount of compensation on your behalf.
Do I need a lawyer to pursue a defective product claim?
Winning a product liability claim and getting fair compensation is a huge undertaking. It requires knowledge of Florida and federal product liability laws and safety regulations, investigative skills, interviews with experts, compilation of evidence, legal documents, computation of damages, negotiating with insurers, and slew of additional tasks that most people are unfamiliar or uncomfortable with.
Plus, because a single defective product claim can amount to hundreds of thousands or even millions of dollars, manufacturers often hire groups of attorneys to defend against the claims and deflect liability. Injured victims can become intimidated and overwhelmed with the legal process — especially since they are preoccupied with their injuries — and wind up giving up and forfeiting compensation they could have received.
A qualified products liability attorney is crucial to the success of your claim. The caring, determined, competent attorneys at the Law Firm of Anidjar & Levine can assist you with all aspects of your case and take the worry off your shoulders. We can explain your rights and responsibilities, pursue your claim, and fight for maximum compensation on your behalf.
Get a FREE consult with a defective product lawyer in Fort Lauderdale.
Our defective product lawyers in Fort Lauderdale our ready to assist you with your case. Call Anidjar & Levine at 800-747-3733 for a free, no-obligation consultation today.