With the rise of online shopping and consumer culture, many people constantly try new products and bring new items into their homes. In these cases, you trust the manufacturers and distributors to ensure their products are safe. Unfortunately, many businesses neglect proper testing and warning, causing serious customer injuries. If you have been hurt by a defective product or inadequate warning labels, you may be entitled to financial compensation for your damages.
Our experienced personal injury lawyer at the Law Offices of Scott Sobol can help you hold the liable party accountable and achieve the fair settlement you deserve. We fight tirelessly for what’s right with innovative strategies and personalized plans. With our top-notch communication skills, you can always feel informed and fully understand your options, so you can make the best decisions for your claim.
Injured in an accident?
How Does Florida Define Product Liability?
Florida 2021 Statutes 768.81(1)(d) states that product liability action is based on the idea that improper manufacturing, construction, formulation, preparation, assembly, or installation of a product result from a company’s negligence. While every product liability claim is different, they often fall into one of the following categories:
- Design defect: This type of product liability claim involves a design, structure, or formulation error causing injuries. Products that do not go through proper testing often have design defects.
- Manufacturing defect: If an error occurs during the manufacturing of the product, and this error causes your injuries, your claim falls under this category. Manufacturing errors can affect a single product or an entire batch.
- Marketing defect: Even if a product is perfectly designed and manufactured, injuries may occur if they fail to warn you about potential risks or provide inadequate instructions. If a business does this, it may be liable for your injuries.
During your free consultation, our compassionate team listens to your story to help you determine if you have a case, and we’ll determine the best course of action to achieve the compensation you deserve.
How to Prove Fault in Davie Product Liability Claims
After suffering injuries due to a defective product or improper warning label, you are responsible for fulfilling the burden of proof. This involves presenting clear evidence that demonstrates the following:
- You used the product for its intended purpose
- The product has a flawed design or manufacturing error, or the company failed to provide proper direction or warnings
- This negligence directly resulted in your injuries
- Your injuries caused damages
You can take steps after the accident to protect your rights and help prove these points, including the following:
- Taking photos of the product and your injuries
- Keeping the defective product and the receipt of your purchase
- Keeping a journal of your emotional experience after suffering injuries
- Contacting an experienced lawyer
Our dedicated legal team can help you gather other essential information like medical records and expenses to help build a solid and effective claim.
Potentially Recoverable Damages for a Davie Product Liability Claim
Sustaining injuries from a defective product can result in major expenses and be emotionally draining. We believe these losses deserve recognition, so we advocate for full compensation for your damages. Depending on the details of your claim and injuries, you may recover the following costs:
- Pain and suffering
- Property damage
- Current and future medical bills
- Emotional distress
- Prescribed medications
- Rehabilitation and physical therapy
- Reduced quality of life
- Lost wages from missed work
- Punitive damages
When awarding damages in product liability claims, Florida uses a pure comparative negligence system. This means each party involved in your claim receives a percentage of fault for the accident. This percentage gets taken out from each party’s compensation. We negotiate with insurance companies to help ensure you don’t receive an unfair fault percentage and settlement. While we do all we can to settle your claim outside of court, we are prepared to go to trial if necessary.
Schedule a Free Consultation With a Reliable Davie Product Liability Lawyer at the Law Offices of Scott Sobol
Most people rely on several products to complete daily tasks, and businesses owe their customers a duty to ensure their product is safe and warn consumers about any potential dangers their products may cause. However, if a company fails to do this and causes you harm, you have the right to pursue compensation. Product liability claims often involve major companies, but with a trustworthy Florida injury lawyer by your side, you do not have to go through the process alone.
Our professional team at the Law Offices of Scott Sobol has the skills and experience to handle every aspect of your claim regardless of circumstances. We understand the complex nature of product liability claims and use our extensive legal knowledge to achieve successful outcomes. Because these claims can be confusing, we strive to lay out your options clearly, so you understand the full scope of your case. To schedule a complimentary consultation, fill out our contact form or call (954) 440-2000.