- $13 Billion+ Won
- 800+ Lawyers Nationwide
- The Fee is FreeTM, Only Pay If We Win
- America’s Largest Injury Law Firm
- Protecting Families Since 1988
Product Liability Cases in DeLand, FL
A well-made product can last a lifetime. Almost everyone has furniture, clothing, or even a car that has been around for a while. But not all products are well made. And some fail well before their intended expiration date.
Any product failure has the potential to be dangerous. You may have to scramble for a ride the next day when a faulty alternator fails in your car. But when that same faulty alternator fails while you are driving 50 miles per hour along the highway, that failure can potentially cost lives.
Manufacturers, and to a lesser extent, product retailers, are responsible for only distributing products that are safe for use. When a product isn’t safe, the manufacturer is liable for any harm caused by the product.
And if you’ve been injured by a faulty product in DeLand, you are probably asking, “Where can I find help for my product liability cases in DeLand, FL?”
The answer is Morgan and Morgan product liability attorneys. Our team of experienced attorneys will help you recover money to pay for your injuries and hardship after a product failure. Use our online contact form today to get a free evaluation for your product liability case.
Every product, no matter how small or large, is required to be safe when used properly. Clearly, your chainsaw isn’t very safe if you swing it around wildly. But if you are wearing proper protective gear and handling it as intended, it should be no more of a threat to you than a pillow. If that isn’t the case, you may be eligible to file a product liability case.
Product safety can be quite complicated because nearly every part of a product can potentially be defective. And defects can lead to harm in an uncountable number of ways.
Manufacturers are expected to extensively test their products to ensure safety. If a defect exists, they are required to correct that defect before the product goes to market.
Similarly, suppose the product can degrade over time. In that case, the manufacturer is required to provide the user with maintenance instructions and may need to provide an expiration date for safe use of the product.
When a manufacturer doesn’t fulfill its obligations to the consumer, they are liable for any injuries the consumer suffers. This negligence leads to consumers like you asking, “Where can I find help for my product liability cases in DeLand, FL?”
Qualifying for a Product Liability Case
Imagine this situation. You woke up one sunny morning and decided to take a trip to nearby Ormond Beach. When you got there, you tried to set up your beach umbrella. Unfortunately, due to a defect, the umbrella wouldn’t open.
You now have a defective product. And because the product is defective, you are forced to either give up on your beach plans or sit on the beach without any shade. While this is an inconvenience, you haven’t been significantly harmed. You may be eligible for a refund or a replacement umbrella, but you do not qualify for a product liability case.
The reason you don’t qualify is that the harm you suffered was minimal. Even if you spent the day in the sun and got a nasty sunburn, that wasn’t harm caused by the defective product. That was harm caused by your decision to sit in the sun without any shade.
To qualify for a product liability case, you need to meet a specific set of requirements.
You Are Using the Product as Intended
All products are intended to be used in specific ways. For example, you are supposed to use mouthwash in your mouth. If you are pouring mouthwash into your eyes, you are using the product improperly.
The product manufacturer is required to provide instructions for proper use. Thus, most mouthwashes will have a warning on the side of the bottle that it is only to be used orally. This warning absolves the manufacturer of liability if you are harmed because you decide to pour it into your eyes.
The Product Is Defective
Even if you are using a knife as intended, accidents can happen. Almost everyone has accidentally sliced their thumb while cutting something with a knife. This didn’t happen because the knife was defective. This happened because the person using the knife was careless or maybe just unlucky.
However, you could have a product liability case if the knife was defective. For example, you might use a retractable knife with a defective locking mechanism, which causes the knife to close unexpectedly, injuring you. In this situation, it wasn’t carelessness or bad luck that caused your injury, but rather the defect in the knife.
The Defect Directly Results in an Injury
Now imagine that the previously mentioned retractable knife also has a retractable pair of scissors in it. The locking mechanism is not defective on the scissors. You are using the scissors to cut some paper and accidentally cut yourself on the edge of the scissors. Despite the defect in the knife, you aren’t eligible for a product liability case.
The defect on the knife blade didn’t directly lead to your harm. It existed, and the product injured you, but there was no causation.
You Suffered Significant Harm
Technically, any injury resulting from a defect in a properly used product makes you eligible to file a product liability case. But in practice, you must suffer significant harm. Returning to the beach umbrella example, a ruined day at the beach simply doesn’t constitute enough harm to qualify for a product liability case.
Determining what harm is significant is tricky. Usually, harm can be measured in how much it costs to repair the harm or how much money you lost due to the harm. You don’t have to be physically injured to be harmed, either. If a defective product burns down your garage, that is significant harm that costs thousands of dollars to correct.
Getting Compensation for Your Product Liability Case in DeLand, FL
After you’ve asked, “Where can I find help for my product liability cases in DeLand, FL?” and spoken with a Morgan and Morgan lawyer, you probably want to know what comes next.
The first step is gathering evidence. We document proof that the product was defective and collect evidence of the harm you received from the product. All of that evidence can then be used to get you compensation.
Most of the time, that compensation will come from a settlement offer from the manufacturer's insurance company. A fair settlement offer will provide compensation for:
- Medical costs you incurred from the defective product
- Lost wages due to an injury
- Pain and suffering
- Repair or replacement costs for property
- Additional expenses that you incurred as a result of the defective product
A settlement offer from an insurance company should cover all of your current and projected expenses, but it is unlikely to provide much additional recompense.
Comparatively, a trial verdict might give you a much higher award if you win your case. However, It is usually preferable to take the settlement offer, both because it is a sure thing and because you will get your money a lot quicker than if you have to wait until the conclusion of a trial.
Morgan & Morgan
Can I File a Product Liability Lawsuit if I Wasn’t Using the Defective Product?
If a properly used defective product injured you, you could file a product liability lawsuit even if you weren’t using the product. A common example is a car accident. If defective brakes (in another car) result in you being struck by another driver, you likely can sue the manufacturer of the brakes for injuries you suffered in the accident.
Just remember that all of the rules for a product liability case apply. You wouldn't sue the manufacturer if the product wasn’t used properly. Instead, you would sue the person using the product in a personal injury case. Morgan and Morgan attorneys can evaluate who the responsible party is and help you get recovery regardless of who is at fault.
What Should I Do if I Receive a Recall Notice?
When a manufacturer becomes aware of a defect that might cause harm, they will recall the product to limit their liability. Despite what the word sounds like, a recall doesn’t mean the manufacturer takes the product from you without compensation.
When a manufacturer issues a recall, they either repair the product, replace it, or compensate you for the loss of the product if neither repair nor replacement is possible.
You should never ignore a recall notice. If you do, you are accepting liability for the defect in the product. If you continue to use the product, you are no longer using it as directed.
This means you can’t file a product liability case if injured by the defect. However, if the defect injured you before the recall was issued, a recall does not retroactively remove the manufacturer's liability.
Are Retailers Liable for Defective Products?
Usually, defects are created in the manufacturing process. This isn’t always the case, though. Retailers can create a product defect by unsafely storing or transporting it. When retailer action results in a dangerous defect, you can file a lawsuit against the retailer for product liability.
Additionally, retailers are prohibited from selling products that they know are defective. If a retailer knowingly sold you a defective product, you can sue the retailer in addition to the manufacturer. Both parties are liable for the harm you suffered from the defective product, and you can get money from both.
Where Can I Find Help for My Product Liability Cases in DeLand, FL?
Morgan and Morgan attorneys have centuries of combined experience providing product liability legal services in Florida. Our team of compassionate attorneys understands how difficult it can be to recover after being injured by a defective product. We step up to help you so you can focus on your health and well-being.
How Much Will a Product Liability Attorney Cost Me?
Product liability attorneys work on contingency. This means that we only get paid if we can get you money. And our pay is always a percentage of the money we get for you.
This means two things. It means you will never pay anything out of pocket if we are unable to get you compensation. It also means we have extra motivation to get you as much money as possible. The more money you recover in your case, the more we earn.
The Insurance Company Offered Me a Settlement. Should I Take It?
Never accept a settlement from the insurance company until your lawyer has looked at it. Insurance companies may make a lowball offer just to end your claim. And once you have accepted money, it can be much harder to get more, even if you deserve it.
Where Can I Find Help for My Product Liability Cases in DeLand, FL?
If you have been injured by a defective product in DeLand, FL, you deserve the money to cover your medical expenses, pain and suffering, and more. The insurance companies aren’t likely to just give you that money without a lawyer fighting for you.
Contact the experienced product liability attorneys at Morgan and Morgan today using our online form to schedule a free evaluation for your product liability case.