JACKSONVILLE PRODUCT LIABILITY LAWYER

In a successful product liability or defective product claim, your attorney must prove a defect exists in a product or good, such as food, and, in many cases, provide evidence of a link between the defect and your injury. A thorough investigation can help to establish that a defect exists, determine how or when the defect manifested, and illustrate how it relates to your injury.

During this investigation, your attorney may:

• Review the nature of your injury
• Evaluate medical reports
• Review the manufacturer’s production process
• Interview employees and managers
• Determine whether the defect exists in other products
• Consult with experts to examine and analyze the information gathered

Why Should I Choose a Morgan & Morgan Attorney?

While pinpointing the relationship between a defect and an injury may be simple in certain instances, there are other cases where uncovering and proving this correlation will require the assistance of an experienced attorney.

Our Jacksonville defective product attorneys have fine-tuned investigative skills and understand which questions to ask, and to whom, to uncover this causal relationship. Our Jacksonville office has established a history of success in proving product liability cases and holding manufacturers accountable for placing unsafe products on the market.

Manufacturing defects are not intended to be part of the product and result from an error in assembly. Manufacturers have a duty to place safe products on the market and may be responsible for injuries caused by defects in their products.

If your attorney determines that your injury was caused by a manufacturing defect, you may be able to file a lawsuit based on strict liability to recover compensation for your injuries.

Strict liability means the manufacturer is responsible for any defects created during the manufacturing process, regardless of the care or caution exercised during production. When compensation is pursued under this theory, your attorney must only prove a defect existed at the time of production, and that this defect contributed to your injury.

Design defects are part of the original product design, but create potentially unreasonably dangerous hazards for those who use the product as intended. The defect will typically exist in all goods produced in the same batch and may result from the negligence of the manufacturer, designer or architect in designing and producing the product.

If the manufacturer could have, or should have, anticipated the potential hazard or could have used a superior design to avoid the defect but chose not to, they may be liable for damage caused by the defect.

Failure to warn is another cause of action under which an individual can pursue compensation for a defective product injury. If the manufacturer or anyone involved in the sale of the product can foresee potential hazards in using the product, they have a duty to warn potential consumers of this risk. Failure to warn of defects that are known, or of which the manufacturer or retailer should have known, may impose liability on the negligent party.

If your attorney determines that your injury was caused by a manufacturer or party in the chain of distribution’s failure to adhere to their duty to provide a safe product, you may be able to file a claim for compensation on the basis of negligence.

A successful negligence suit will require your attorney to prove that the allegedly negligent party owed you a duty of care, this duty was breached through some act or failure to act, you sustained an injury, and the defect was the cause of your injury.

Our Jacksonville attorneys handle cases involving defects in products including, but not limited to, alcohol, pharmaceuticals, asbestos, Hoverboards, cosmetics, firearms, machinery, tools, medical devices, automobiles, and recreational products.

Defective products are not limited to manufactured products; they can exist in any good placed on the market for sale. For example, farmers and markets who sell contaminated food may be liable for damages for food poisoning and other illnesses.

Who Can I Sue?

Anyone in the chain of distribution—the manufacturer, the retailer, and any other entities handling the goods in-between—may be liable for damage caused by a defective product. More than one party may be named as a defendant in your product liability lawsuit.

Manufacturers may include large corporations, individuals producing goods on their own, or anyone involved in the design or marketing of the good.

Retailers may be liable for advertising a product, implying it is safe for use. Anyone injured by the product, regardless of whether they purchased the defective good, may be able to name a retailer as a defendant in a defective product lawsuit. In most cases, only defects from goods purchased within the chain of distribution are actionable; however, depending on the product and Florida state law, an individual may be able to seek compensation for an injury from a used product.

What Can I Recover For My Injury?

Compensable damages in a product liability lawsuit may include current and future medical bills and expenses, pain and suffering, lost wages, loss of earning capacity, mental anguish, loss of consortium (intimacy and support) and other related expenses.

In the event that a defective product causes the death of a loved one, the surviving family members may be entitled to the above damages, as well compensation for loss of companionship, funeral expenses and related costs.

If you or someone you know has been injured or contracted an illness from a defective good, you may be entitled to compensation. To learn more about your available legal options, please complete our free case review form today. Our Jacksonville product liability attorneys are offering this online consultation at no cost and with no obligation.