ORLANDO PRODUCT LIABILITY LAWYER

To prove product liability, you’ll need to show that the manufacturer or similar party failed to show you a duty of care and that their breach of duty directly resulted in your wounds.

Manufacturers, suppliers, and distributors may all be liable for a defective product, depending on their role in causing the injuries. 

For instance, a smartphone manufacturer may be liable if the phone explodes in a consumer’s hands because of a defective battery. The supplier who provided the battery may also be responsible. However, the claim may not stick if the consumer damages the smartphone by using it for an unintended purpose, like placing it in an oven.

The consumer’s use of the defective product must result in injury. Physical wounds are the most common injuries associated with faulty products. The consumer must show that their injuries were the direct cause of the defective product and not by something else.

Following an injury from a defective product, save the product and its packaging securely. Take pictures of the product and your wounds.

Next, you’ll want to visit a medical professional to treat your wounds. Explain to your treating physician the circumstances of the accident and where you are hurt. Your doctor will document the extent of your injuries and provide you with an appropriate treatment plan. 

Make sure to follow your treatment plan strictly. Take all medications prescribed to you and visit any recommended physicians for follow-up care. 

Your product liability lawyer in Orlando will assemble the evidence of the defective product and documentation of your medical treatment. They will meet with product experts such as manufacturers, engineers, and others to further substantiate your claims.

Florida has a four-year personal injury statute of limitations requirement for product liability claims. Thus, you have four years following the date of your injury from the defective product to file your lawsuit.

A two-year statute of limitations applies if the product defect resulted in wrongful death. 

While Florida provides a significant amount of time to pursue a legal claim for product liability, starting the process as soon as possible is essential. It will take time for your attorney to assemble the evidence of your case. In addition, people tend to forget crucial facts as time passes. 

Having the details of your case fresh on your mind ensures that you remember essential information correctly. Additionally, you’re more likely to have a successful case if complete documentation regarding your claim is available.

Most personal injury cases resolve through the settlement negotiation process. Only 4% ever go to trial. 

However, every case is different, and not all can be resolved through settlement. Sometimes, manufacturers and suppliers will fight product liability claims, especially if they believe other consumers may suffer from similar injuries from their products. 

Your attorney can advise you if they believe your case will result in a settlement or if it may end up in a courtroom.

Cases that resolve through settlement often finish within four to six months. If the claim goes to trial, it may take several years to conclude.

Yes. Under Florida law, a retailer has an implicit responsibility to ensure that the products they sell are safe for consumers. As long as the consumer uses the product the way the manufacturer intended, the retailer may be partially responsible for a defective product.

Florida has a pure comparative negligence law, which means that consumers can collect damages even if they are partially at fault for their injuries. Under comparative negligence, a court will reduce the damages awarded based on the percentage of responsibility of the consumer.

For instance, if you have $75,000 in damages and you are 20% responsible for your injuries, the award you receive will be $60,000. 

The pure comparative negligence law is favorable for consumers. States with modified comparative rules eliminate awards if the consumer is 50% or more responsible for their injuries. 

That isn’t the case for Florida. You can be 90% responsible for your injuries and still potentially collect damages, which a court will reduce based on your percentage of fault.

Consumers injured by a defective product may collect compensation for their losses. The most typical types of remuneration include past and future medical costs and lost wages if the victim can’t work.

If the product defect results in severe injuries, the consumer may collect damages for emotional pain and anguish, disability and disfigurement, and loss of quality of life.

Surviving family members of individuals who die due to a defective product may collect compensation for funeral expenses, emotional distress, and loss of companionship or parental guidance.

An attorney at Morgan & Morgan can help you determine the damages appropriate for your case. Once we decide on the proper compensation, we will set out to collect the damages from manufacturers, retailers, suppliers, and whoever else contributed to your injuries.

It’s not always possible to protect yourself from injuries from a defective product. Sometimes, products have inherent defects that cause harm to consumers.

However, using the product according to its instructions may safeguard against potential injury. When purchasing a product with dangerous components, read the instructions carefully before using it. Make sure to follow all instructions to the letter, and never use the product in ways discouraged by the manufacturer.

For instance, if you purchase a lawnmower, follow the instructions for refilling it with gas and oil. Never use the lawnmower on a surface it’s not intended for, like a concrete driveway. 

Similarly, you should follow all instructions related to the medication you take. Never take more medicine than the manufacturer recommends.