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How Do I Know if I Have a Case?
Both federal and state laws apply to product liability cases which can make it confusing for people to figure out how to file a lawsuit and when to proceed. This is particularly true if the manufacturer in question operates in multiple different states. You want to find a law firm that has extensive experience in handling product liability cases so that you can fully explain the circumstances of your product injury and fight for massive compensation. If you suffered injuries, such as severe burns from using a household product, have a child who is critically injured because of use of a toy or other product intended for children, or have family members who are hurt because of a product that has been recalled, you may have grounds to file a Florida liability case and should speak with an experienced lawyer as soon as possible.
Consumer Rights
You and your family as well as all other consumers have a basic right to be safe from harm when using a consumer product for its intended purpose. In the event that you are injured, you could be eligible for compensation if the product was unreasonably dangerous or defective at the time you purchased it or if you used it incorrectly because it did not have appropriate warnings. All of these circumstances can contribute to a base claim for some of the most common types of Florida liability cases, and you could be eligible to hold the manufacturer or other individuals responsible for your injuries. However, you need to know how to proceed, and you need to retain the services of an experienced lawyer who has been in these circumstances before.
It can be very difficult to proceed on your own with a case like this when you are not familiar with how to fight for your rights with product liability. Waiting too long could bar you for being able to recover compensation in a lawsuit. Under the concept of strict liability in Florida, a lawsuit can be filed without necessarily proving fault or negligence if an injury was caused by a defective product. This makes it much easier for consumers in Florida to sue the store where the product was purchased or to sue the product manufacturer in the event of an injury.There are many different types of defective products, and they can leave a broad range of serious damages and injuries behind. What is most important is that you know how to consult with a lawyer about your rights and to prepare a comprehensive case. One of the first steps in Florida liability cases is to determine who is at fault for a dangerous or defective product. Any type of product that you use as a consumer could come into a product liability claim if it malfunctions or didn’t come with the appropriate warnings.
For example, a pressure cooker that explodes or a vehicle with improper ignition are examples of products with a strong variation in price point but still with the potential for injury. Manufacturers and retailers of unreasonably defective and dangerous products could be found liable for neglect under a few different conditions:
- Failing to recognize the dangerous nature of the product itself
- Failing to determine and correct a major flaw in the product
- Improper testing of the product before releasing it to the public
- Incomplete, inexistent, or inadequate warnings about the hazards associated with the product
It requires a comprehensive investigation with the help of a lawyer experienced in Florida liability cases to determine the impacts in your case and how to proceed. Multiple parties could even be held liable for the injuries that you sustain based on the specifics of your claim. Following an injury, you need to meet with a lawyer who has knowledge about Florida liability cases as soon as possible so that you can discuss your next steps and determine the best course of action. Parties that might be held accountable through product liability law include wholesalers, assembly manufacturers, parts manufacturers, retailers, and more. There are a few different kinds of theories that all could influence your product liability lawsuit.
Three Legal Theories
Negligence is the first type of Florida liability case law that could apply. This argues that the defective item was created improperly due to negligence caused by one or more of the parties involved in any part of manufacturing. For example, maybe you are arguing that the manufacturer was negligent in the creation and design of the product itself.
The second type of case is known as a strict liability claim which argues that your injuries or a loved one's injuries are the direct outcome of a defective product. You are not responsible for establishing negligence in a strict liability claim, you simply only need to show that the end result product was defective.
The third type of claim is a breach of warranty lawsuit which shows that if you or someone else was using it for the intended purpose while covered under the warranty, you may be able to pursue a suit. The law recognizes certain implying warranties as well as written and expressed warranties. You'll want to discuss with your attorney these steps to move forward.
How to Choose a Product Liability Lawyer
In determining the right attorney to handle Florida liability cases you want to do a thorough research of their experience in this area of the law and their overall approach when it comes to product liability. There is a lot at stake for your future, and you deserve to know the experience of the law firm that you are working with, as well as their approach and communication style.
You have many different things to think about as a victim, and your primary focus should be on getting the medical attention that you need. It can certainly be shocking to realize that a product made by someone else left you with devastating injuries, but it is imperative that you be prepared to consult with your lawyers about your next steps to hold these individuals accountable.
There is much to think about and much to work through, and the timelines are tight as well. You need to talk to an attorney who has knowledge about Florida liability cases as soon as possible after you have been hurt to give yourself the best possible chance to recover compensation. If you don't get the opportunity to hire an attorney, it could be much more difficult to navigate the maze of legal cases.
Are you ready to move forward with one or more Florida liability cases? You need a lawyer to help support you from everything including the filing of the initial paperwork all the way through to trial, if needed. As a victim, you’ve got a lot at stake and you need to trust in your legal representation. Feeling supported during this time can make your recovery easier and give you some hope about holding a negligent company accountable through your claim. Only a lawyer can tell you more about what to expect and how to prepare, but the support of an attorney is instrumental in getting your case started and helping you to prepare the right evidence and strategy to make your claim.
Curious about Florida liability cases and whether or not your situation meets the grounds for one? Contact the experts at Morgan & Morgan for a free case evaluation to get started.