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
Call Us Today For Free Consultation - 954-583-8999
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.