Defective Products Lawyer
What should I do right after I have been involved in an injury due to a defective product?
Defective products can damage a company’s reputation and make them libel to provide financial relief to the victims of a defective product.
We can help you in these types of defective products Claims:
- Manufacturing Defected Products
- Design Defected Products
- Improper Labeling of a Products
- Deficient Instructions
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Product Liability and Defective Products Lawyer:
When any product is sold to a consumer, it must be safe and fit for its intended purpose. Obviously, if not, serious injuries could occur. Products Liability Law, also known as the law of Defective Products, control your rights in the event your or a loved one is injured due to a product not being safe or not being fit for its intended purpose.
Products can be defective in several ways: Just as an example, the design of the product may have been defective and dangerous, there may have been inadequate warnings or instructions for safe use of the product, or the particular item may simply not have been manufactured correctly. The first step in any potential claim involving injury caused by a defective product is to conduct a thorough investigation of the facts and circumstances. The appropriate engineering professionals need to be consulted to determine if a product is defective. The product must also be preserved and not destroyed during the pendency of the case. My law firm will only hire the best consulting professionals and will leave no stone unturned to investigate these cases.
It is critical not just to determine if a product is defective, but at what stage of the process did it become defective. Was it defective when it left the manufacturer’s warehouse or did it get damaged in transport or altered by the retailer who sold the product to you. My firm will explore all the potential parties to a product’s liability claim to include the manufacturer, the packaging/shipping company, the wholesaler and the retailer. All of these parties in the “chain of custody” of the item are possible responsible parties under Florida Law.
A claim may be brought against the manufacturer, wholesaler, retailer and others in the chain for Negligence, Strict Liability or Breach of Warranty. Every case is different and a careful evaluation of the facts of your case will determine under which theory and against whom a claim for a defective product can be made.
There are other laws, such as the “Statute of Repose” which cuts off certain legal rights after a period of time. The product may be too old for there to be a viable claim. Likewise, there may have been an alteration or modification since the product left the factory that would relieve the manufacturer of responsibility for any alteration or modification conducted outside of their control.
I have handled two interesting products liability cases over the past 22 years that are of particular interest to me. One was a claim against Honda Corporation where a forklift was being used at a Publix warehouse in Deerfield Beach, Florida by a client. This forklift did not have a safety bar to protect the passenger even though there were other models in use at the time that did have safety bars. My client was crushed and killed due to the lack of a safety bar. I hired a design professional to show that this type of defect had been known to the manufacturer for years and for economic reasons, they chose not to install the safety bar on all their models. The case settled for seven figures without the need for a trial.
I am currently handling a case involving a defective golf cart that is not supposed to operate without a key. In this particular situation, the end user who purchased the golf cart modified it by stripping the ignition mechanism inside the cart so that a key can be removed and the cart can continue to operate without the key. The cart was occupied and driven, without a key, by a four year old autistic boy, striking my client from behind causing severe injuries. This claim ended up not being against the manufacturer, but the party that altered the ignition switch after the cart was sold.
Every case is different and you should contact me right away for a free evaluation of any potential claim involving a defective product.