Boca Raton Defective Products Attorneys
Boca Raton, Fort Lauderdale and West Palm Beach Offices serving all of Florida
As a consumer, you have rights. Under Florida law, you are protected in the event a defective product injuries you and you have the right to sue any number of parties that are liable for releasing that defective product, even though they knew it posed a risk to those who used it.
Defective products are part of personal injury law known as product liability. A person or an entire company can be held liable for products that are defective, ranging everywhere from food products to baby toys to clothes and even cars.
Manufacturing and Design Defects
You may have grounds for a lawsuit depending on the type of product defect. The two most common types of defective products are design and manufacturing.
- Manufacturing Defect – This is when an error occurs during assembly or production of the product. The defect may affect all products released from that same batch or just a small handful. The manufacturer, however, is liable for releasing those defective products.
- Design Defect – This is when there is a known flaw with the design; yet the manufacturer releases it anyway. This affects all products created under that design. For example, a flaw with a vehicle’s air bag typically means all makes and models from the same year will be affected because they share a similar design.
Failure to Warn Lawsuits
Defective product lawsuits can also be filed against a distributor, manufacturer or marketing company that fails to warn the public about potential risks of that product.
These products need instructions and warnings for any foreseeable risks, meaning injuries they know could occur if the product is used improperly.
Even products with warning labels can be defective. It is all about the adequacy of the warning label – and whether or not it is understood by those who use it.
Some things the lawyer will assess when determining if a label was adequate or not include:
- Determining how likely it is the product would hurt someone;
- Assessing the seriousness of the injury;
- Determining if the product was used as intended by the individual and if there were instructions for how to use it properly;
- How much the label focused on the knowledge and expertise of the user;
- If the warning was clear and simple to understand—meaning no complex terminology;
- If the manufacturer addressed the complexity of the product well enough in their warning label.
Who Can be Liable for a Defective Product?
Depending on the product type and injury factors, a consumer may have multiple ways to get compensation for their defective product injuries.
Just some of the parties that may be held liable include:
- The Manufacturer – This can include any size company that was responsible for producing, designing, and ultimately creating the product.
- Retailer – The company that advertised and sold the product may also be held liable, since they are required to ensure they are selling a safe and suitable product – regardless if they didn’t know about the defect directly.
- Wholesaler – The company that works between the retailer and manufacturer who sold the product.
- Designer – If a third party was hired to design the product, they could be liable for any defective design lawsuits.
While numerous parties can be listed, you must first ensure you have a valid claim. To do that, you need to prove the following four factors:
- You were injured or suffered a loss because of the defect.
- The product was in fact defective.
- The defect was the cause of your injuries.
- You used the product as it was intended by the manufacturer.
What About Class Action Suits?
Defective product claims can be filed in Florida, but you may also join a class action lawsuit for the same defective product. When you meet with defective products attorneys regarding your potential case, they may investigate to see if there are any pending class action lawsuits already.
Contacting Florida Defective Products Attorneys Can Help You Recover Compensation
If you or a loved one was injured because of a defective product, you may be entitled to damages.
Your compensation can cover:
- Medical costs
- Lost wages
- Emotional pain
- Pain and suffering
- Cost to replace the damaged or defective product
- Future loss of wages
To get the compensation you deserve, you need an advocate. Contact the attorneys at Leifer Law Firm today for a free consultation regarding your product defect or liability case. We offer free, no obligation consultations, so there is no risk for calling us.