Casselberry Defective Product Attorneys
Numerous state and federal laws have been passed to protect consumers from getting hurt by defective products. However, many dangerous items still make their way into the U.S. marketplace. Unfortunately, these dangerous and defective products cause thousands of serious injuries each year.
If you or a member of your family has been injured by a defective product, Florida law allows you to hold the at-fault parties liable. You may be entitled to collect compensation for your injury-related medical expenses, pain, suffering, and losses with a Florida product liability lawsuit.
The Casselberry defective product attorneys at Warner & Warner have years of experience helping people like you who have been injured by a defective product. We are committed to assuring that the parties responsible for your injuries are brought to justice and that you are fully compensated for all of the damages caused by the injury.
What Are Defective Product Injuries?
Numerous state and federal laws are aimed at keeping products made or sold in the United States safe for consumers. Nevertheless, unsafe products wind up in the hands of consumers, causing serious, even fatal, injuries. According to the Consumer Product Safety Commission (CPSC), there were over 220,00 toy-related injuries that required an emergency room visit and 14 toy-related fatalities in 2019. Another 10,000 people were treated at an emergency room that same year for a fireworks-related injury.
A defective product can cause a wide variety of different injuries that may range in severity from minor bumps and bruises to life-threatening or fatal injuries. Among the more common injuries caused by a defective product are:
- Choking — Toys that include small parts or parts that break off easily pose a serious choking hazard to young children and may result in internal injuries or even death.
- Organ injuries — Pharmaceutical products, as well as a variety of products commonly kept around your home, can cause serious damage to your internal organs, including your lungs, liver, and kidneys. A defective product can even cause permanent brain damage or cardiac arrest.
- Burns — Faulty wiring or defective electrical products can result in electrocutions, fires, or explosions. The resulting burn injuries can be life-altering for the victim.
- Broken bones — Defective furniture, ladders, and other products cause trips, falls, and crush injuries that can result in broken bones.
- Head injuries — A defective product that poses a slip, trip, or fall danger can end up causing the victim to suffer a traumatic brain injury (TBI).
- Fatal injuries — Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to a fatal accident.
What Makes a Product Defective?
Florida product liability law recognizes three types of defects:
- Manufacturing Defects. When a defect is introduced into a product during the manufacturing phase it is referred to as a “manufacturing defect.” When this occurs, it means the product’s original design was safe; however, something occurred during the manufacturing process that converted that safe design into a defective product. Typically, only some products will have the defect because it was introduced during a specific time frame and/or location during the manufacturing process.
- Design Defects. If the design itself was defective, the product is said to have a design defect. Although misleading, these defects are sometimes referred to as “intentional defects.” When a product has a design defect, all products manufactured with that design will be defective.
- Failure to Warn Defects. Some products are inherently dangerous. Household cleaning products, for instance, frequently require the inclusion of toxic chemicals that make the product dangerous. When a product cannot be made safe, the law imposes a duty to warn of the dangerous nature of the product. Warning labels, for example, may be required to alert consumers to the hazardous nature of the product. If the warning is inadequate or absent the product is said to have a “failure to warn defect.”
Who Is Responsible for Injuries Caused by a Defective Product?
Unlike other types of personal injury lawsuits that are based on negligence, the law applies strict liability to product liability injuries. That means that an injured victim need not prove negligence to be entitled to compensation from a responsible party (or parties). A victim only has to show that the product was defective and that the defect caused or contributed to the injuries suffered by the victim.
Moreover, under Florida law, anyone in the “chain of distribution” may be held liable for injuries caused by a defective product. This includes:
- The product designer
- The product manufacturer
- A manufacturer of component parts
- A party who assembled or installed the product
- The wholesaler
- The retailer
Since several of the aforementioned parties may share liability when a defective product causes injury, determining responsibility for the defect can be challenging. However, an experienced defective product attorney can help you navigate the chain of distribution, determine liability and obtain the financial compensation you deserve.
What Compensatory Damages Can Be Recovered with a Product Liability Action?
The victim of a defective product may be entitled to compensation for both economic and non-economic damages. In Florida, these damages include:
- Pain and suffering
- Emotional trauma
- Lost support and services
- Medical bills
- Lost wages
- Diminished earning capacity
- Other damages recoverable under Florida law
When to Contact Casselberry Defective Products Attorneys
You count on a product being safe to use when you make a purchase. If it turns out that the product is not safe, and you or a family member is injured, the responsible parties should be held accountable and you should be fully compensated for the damages you suffer.
The experienced Casselberry defective product attorneys at Warner & Warner are committed to ensuring that the parties responsible for placing a defective product into the stream of commerce are held accountable. We will zealously advocate on your behalf to make sure you are compensated in full for the physical and emotional damages you suffered because of a defective product.
The defective product attorneys at Warner & Warner have the specialized experience and knowledge required to successfully prove and litigate your product liability lawsuit. Call us today at 321-972-1889 or contact us online to schedule a free case review and get started on your product liability case.