Product Liability

product liability

Anidjar & Levine has established itself as a leading Florida product liability law firm dedicated to helping victims injured by a defective product. For years, Anidjar & Levine has successfully handled all types of product liability claims, recovering millions of dollars for injured victims in Fort Lauderdale and other areas of Florida.

The use of defective or dangerous products can lead to serious injury. In cars, a flawed component or missing safety device can contribute to devastating car accidents, the leading cause of accidental death in the United States. Defective strollers, dangerous toys, and flammable clothes likewise contribute to the high incidence of fatalities in homes throughout Florida and other states. According to the Centers for Disease Control and Prevention, millions of children and adults are harmed each year by defective products that are later recalled.

A product liability action refers to any civil action in which the consumer alleges injuries caused by a defective product. The action may be based on negligence, nuisance, strict liability, breach of warranty, or other theory of liability. The injured party sues for damages caused by the product’s manufacture, construction, or design. If the product resulted in injury to the end user, any party “down the manufacturing chain” can be held liable, including those responsible for the product’s assembly, installation, or preparation. Retailers and distributors can also be held liable for failure to warn consumers of known dangers. Examples of defective products include:

  • Dangerous toys, cribs, strollers
  • Cars, trucks, motorcycles, boats
  • Flammable bedding or clothing
  • Computers and electronic devices
  • Construction tools, hardware supplies
  • Prescription and over-the-counter medication
  • Other defective textiles, machinery, or equipment

Florida law protects victims who were injured by a defective or dangerous product. According to the Florida Statutes, a product liability action allows claimants to allege their injuries were “greater” than those they would have received in an accident “but for” the defective product. Further, Florida law holds manufacturers strictly liable for injuries caused by “unreasonably dangerous” products. The product is unreasonably dangerous if it fails to perform safely when used as intended or in a manner reasonably foreseeable by the manufacturer. The product is likewise defective if the danger in the product’s design outweighs the benefits. In these cases, the injured party can recover compensation from the manufacturer without proving negligence.

Injured parties who prevail in a products liability suit are entitled to several forms of damages. First, they are entitled to medical expenses, including emergency medical care and continuing treatment as the injury requires. Second, they are entitled to lost income and other disability benefits as a result of their inability to work. Finally, they may receive damages for pain and suffering if the accident resulted in disfiguring or catastrophic injuries, causing extreme trauma. Courts and juries may also award punitive damages where the manufacturer exhibited particularly egregious behavior. This deters them from engaging in future harmful conduct.

If you were injured by a defective or dangerous product, the experienced Florida product liability lawyers of Anidjar & Levine can help. We have successfully handled numerous product liability claims, recovering millions of dollars in compensation for injured victims throughout Florida. We are dedicated to defending the rights of injured parties against the “deep pocket” manufacturers that caused their injury. Let us help you get back on your feet. Please call (800) 747-FREE (3733) for a free consultation or Contact Us online.