Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Defective Product Liability Lawyers in Big Pine Key, FL
When defective products cause harm, we fight to hold manufacturers accountable.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Results may vary depending on your particular facts and legal circumstances.
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Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How to Understand Product Liability Claims?
Product designers and manufacturers have a responsibility to their customers. Consumers should be able to rely on the fact that the products they purchase are safe for use.
If a product contains unexpected or unreasonable hazards, serious injuries may result. In extreme cases, defective products may even cause fatal injuries.
When a faulty or defective product has caused you harm, you should not be held accountable for the resulting losses. Defective product liability lawyers in Big Pine Key, FL, can file a claim to recover compensation following an injury.
In most product liability claims, the claimant must provide evidence to show that they sustained harm as a result of the flaw in the product. Some of the most common elements that plaintiffs must prove are:
The Plaintiff Suffered Losses or an Injury
It is important for claimants in product liability cases to prove that they suffered actual harm. A faulty product may have almost caused you harm, but this is not enough for a successful legal claim.
Suppose that you buy a new coffee pot and there’s a small crack in the base. Then, the pot cracks while it’s full of scalding hot coffee.
If you don’t get burned and none of your property is harmed, you will not be able to file a successful claim. When no damage or injury has occurred, there are no grounds for a valid product liability claim.
The Product in Question Contains a Defect
A plaintiff must prove that the product in question is faulty or malfunctioning. In some instances, it will be relatively simple to prove that the product contains a defect.
But the nature of some products makes it difficult to prove the existence of a defect. For example, it may be challenging to prove that your health problems are the result of a faulty medication or treatment.
For this reason, it is crucial to hire defective product liability lawyers in Big Pine Key, FL. Legal experts will help you build a powerful claim to recover damages from the party responsible for your injuries.
The Product Defect Was the Cause of the Claimant’s Injury
Even if an injury occurred and the product was faulty, the victim must also prove causation. This means that you need to provide evidence that the damage you sustained was the result of the product defect.
If the faulty product was unrelated to your injury, you will not be able to recover compensation. Speaking with defective product liability lawyers in Big Pine Key, FL, will give you the best chance of obtaining justice in your case.
Consider the following example. If someone is injured in a car crash while driving a faulty vehicle, they will need to show that the vehicle’s defect was the cause of their accident.
Suppose your car is known to have a faulty brake system. If you were rear-ended by another vehicle and sustained a back injury, your defective brakes were not to blame.
A knowledgeable attorney will help you prove a causal connection between the defect and your injury. Reach out to Morgan and Morgan to discuss the specifics of your product liability claim.
The Plaintiff Was Using the Product as the Manufacturer Intended
The claimant must provide evidence that they were using the product as intended when the accident or injury occurred. If a consumer is using a product in a way that the manufacturer could reasonably foresee, they should not be in danger.
Speak with skilled defective product liability lawyers in Big Pine Key, FL, to determine whether you have a valid claim. The Morgan and Morgan litigators will assess the facts of your claim to find out whether you can prove the required elements.
What are Common Types of Product Defects?
The nature of a product defect will depend on various factors. Every faulty product claim is distinct. However, there are two common forms of product defects: manufacturing flaws and design defects.
Manufacturing Flaws
When a product is defective as a result of the construction process, a manufacturing flaw has occurred. Errors during the fabrication process can result in dangerous and hazardous outcomes for consumers.
Typically, manufacturing flaws only affect a small number of items in the relevant product line. In most cases, the claimant does not need to prove that the manufacturer was negligent.
Corporations have a duty to produce goods and services that are reasonably safe for users. Some of the common examples of manufacturing errors include:
- Incorrect fasteners, bolts, or screws
- Faulty construction materials, including plastic and metal
- Improperly wired electrical circuits
- Components attached insecurely or incorrectly
No matter the specific manufacturing defect that caused you harm, it is important to speak with an attorney. Defective product liability lawyers in Big Pine Key, FL, will help you hold negligent product manufacturers accountable.
Design Defects
When a consumer product contains a design defect, the flaw is inherent to the blueprint of the item. In other words, defectively designed products may be dangerous even if they are manufactured according to plan.
Because these flaws are inherent to the design, this type of defect may result in an entire line of hazardous products. Manufacturers are obliged to adequately test their product designs before taking them to market.
Some of the most common examples of design defects are:
- Mechanical defects on motor vehicles
- Products that melt or catch fire
- Protective devices that do not withstand reasonable impact
- Tables, chairs, or other furniture that collapses
- Children’s products that contain small pieces that present choking hazards
When a design defect has resulted in an injury, the manufacturers, retailers, or wholesalers may be legally liable. Reach out to Morgan & Morgan defective product liability lawyers in Big Pine Key, FL, to pursue compensation.
What are Common Damages in Product Liability Cases?
compensation from the liable party to cover the losses they sustained. In most personal injury claims, plaintiffs can seek two types of compensatory damages: general and special.
What Are General Damages?
General damages, or non-economic damages, are meant to compensate the victim for the emotional and physical harm caused by the faulty product. Some of the worst outcomes from a personal injury are not monetary losses, but personal ones.
Common examples of general damages include:
- Pain and suffering
- Emotional distress and anguish
- Post-traumatic stress disorder (PTSD)
- Reputational damage
- Loss of enjoyment of life
- Humiliation
- Scarring and disfigurement
Victims often do not have experience calculating the value of these damages. Because of this, greedy insurance providers may attempt to downplay these losses.
When you hire the accomplished legal team at America’s largest tort firm, our attorneys will fight diligently to recover maximum compensation in your case. Do not allow manufacturers of faulty products to go unaccountable if you have been injured.
What Are Special Damages?
Special damages, or economic damages, are easier to calculate than general damages. Special damages are payments from the liable party to make up for the victim’s direct economic costs.
When you have been injured by a faulty or defective product, you will likely face many financial obligations as a result. A Morgan and Morgan attorney will help you pursue compensation from the parties responsible for your injury.
Some of the typical examples of special damages in civil claims are:
- Loss of income and wages from missing work
- Current medical expenses, such as surgeries, prescriptions, and doctor visits
- Anticipated future medical care needs
- Decreased ability to earn income
- Associated property damage
At Morgan & Morgan, our tort lawyers have decades of experience fighting for the money our clients need to get their lives back on track. We will do the same for you.
What Is a “Failure to Warn” Claim?
Many consumer products are potentially dangerous. This is not always a problem and does not necessarily make the manufacturer legally liable.
Companies have a duty to inform their customers of any potential dangers that a product presents. Proving liability may require the plaintiff to show that the manufacturer did not provide adequate warning.
If the instructions or warning labels included with a product were not sufficiently informative or clear, the manufacturer may be responsible for the resulting incident.
To determine whether you have a valid “failure to warn” claim, speak with a legal professional in Big Pine Key, FL.
Does Morgan & Morgan Require Payment Up Front?
No. Our caring legal team knows many victims face financial challenges. Because of this, our firm operates on a contingency fee basis.
Our firm will agree to represent you for a portion of the recovery from your case. You will not pay a dime in attorneys’ fees until we obtain the financial compensation that you are rightfully owed.
Let Morgan & Morgan Fight for You
After a defective product injury in Big Pine Key, FL, you may not know how to proceed. Fortunately, the friendly staff at Morgan & Morgan is ready to review the facts of your case and help you move forward.
Complete our online contact form to schedule a free consultation and begin pursuing the money you deserve.