Orlando Defective Product Attorneys
As consumers, we typically operate under the assumption that the products we purchase are safe from defects that could injure us or our loved ones. Fortunately, most of the time, the products we purchase are safe; however, some defective products do make it into the marketplace.
If you or a family member has been injured by a defective product, you may be able to hold the responsible parties accountable for their negligence. By pursuing a Florida product liability lawsuit, you could potentially collect compensation for your injury-related expenses, pain, suffering and losses.
The Orlando defective product attorneys at Warner & Warner have represented many victims who were injured by defective products and want to help you achieve justice. We can help you successfully navigate the judicial system to make sure the party (or parties) responsible for your injuries are held accountable and that you receive the full compensation you deserve.
What Are Defective Product Injuries?
Despite a virtual labyrinth of state and federal laws aimed at preventing a defective product from reaching the marketplace, a surprising number of injuries are attributable to defective products each year in the U.S. For example, in 2019 there were over 60,000 injuries and 305 deaths of children under age five associated with nursery products, according to the Consumer Product Safety Commission (CPSC). That same year, the CPSC reports that over 20,000 people were treated in an emergency department for injuries caused by unstable household furniture or appliances that caused tip-over accidents.
Many different kinds of injuries can occur due to defective products, depending on the type of product involved. Injuries can range from minor cuts, sprains and burns to serious, life-threatening injuries. Some of the more common serious injuries include:
- Broken bones – Defective ladders and other equipment can cause victims to fall and break bones.
- Choking – Small parts from broken toys can choke small children and cause internal and fatal injuries.
- Burns – Defective electrical appliances and faulty wiring can cause fires or explosions that burn people who are close to them.
- Head injuries – Victims of defective ladder and equipment accidents often sustain head and brain injuries.
- Organ injuries – Defective pharmaceutical products can cause serious injuries to internal organs, including lung damage, brain damage, liver and kidney failure and cardiac arrest.Top of Form
- Fatal injuries – Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to a fatal accident.
How Can a Product Be Defective?
Florida product liability law recognizes three ways in which a product can be defective, including:
- Design Defects. A design defect is one that is inherent in the design of the product. This sometimes causes people to refer to these defects as “intentional defects,” though that term is misleading. Given that the defect is introduced at the design stage, all products manufactured with that design will have the defect.
- Manufacturing Defects. Manufacturing defects are introduced into a product during the manufacturing phase. Although the design itself was safe, something occurred when the product was being manufactured that caused the product to become dangerous. Typically, only some products will have the defect because it was introduced during a specific time frame and/or location during the manufacturing process.
- Failure to Warn Defects. With some products, the very nature of the product makes them inherently dangerous. For example, household cleaning products that are made with toxic chemicals cannot be made completely safe. For these products, the law imposes a duty to warn of the inherent danger. Products that have toxic chemicals, for example, require a warning label to alert consumers to the hazardous nature of the product. A “failure to warn defect” occurs when a warning is inadequate or missing altogether.
Who Is Responsible for Injuries Caused by a Defective Product?
Although product liability is a type of personal injury, a product liability lawsuit differs from other types of personal injury lawsuits because an injured victim is not required to prove that the defendant was negligent. Instead, the law applies strict liability to defective products. In essence, this means that an injured victim only needs to prove that the product was defective and that the defect caused injuries.
Moreover, under Florida law, anyone in the “chain of distribution” may be held liable for injuries caused by a defective product, including:
- The product designer
- The product manufacturer
- A manufacturer of component parts
- A party who assembled or installed the product
- The wholesaler
- The retailer
Often, more than one party shares liability when a defective product makes it into the hands of consumers. One of the most challenging aspects of a defective product case is determining who is at fault for a victim. An experienced defective product attorney knows how to navigate the chain of distribution to ensure that all responsible parties are held accountable.
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, including:
- Medical bills
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional trauma
- Lost support and services
- Other damages recoverable under Florida law
When to Contact an Orlando Defective Product Attorney
When you purchase a product, you are doing so based on the belief that the product is safe. If the product subsequently causes injury because it was defective, the party (or parties) responsible should be held accountable, and you should be fully compensated for the damages caused by your injury.
The experienced Orlando defective product attorneys at Warner & Warner are dedicated to holding wrongdoers responsible when a defective product harms a consumer. We will aggressively pursue all at-fault parties to ensure that you are compensated fully for your physical and emotional injuries.
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.