If you or someone you love has been injured by a defective product, immediately contact our firm for a free case evaluation. These cases are must be filed within a limited time, or you will lose your right to file a lawsuit and recover compensation.
Another reason to act quickly on a product liability claim is there are often several parties in the chain of commerce who could potentially be held accountable for allowing a product they knew or should have known was defective. Working out responsibilities for liabilities involved is a complex process, as well as determining the jurisdiction in which a claim will be filed.
Although corporate entities carry high levels of liability insurance, with the help of their defense teams, they act aggressively to attempt to limit the level of compensation, or attempt to deny claims or have a lawsuit dismissed.
The product liability lawyers at our St. Augustine, Florida office have a track record of success in product liability cases and are prepared to help you pursue full compensation for your injuries and suffering. In pursuing product liability claims, you need a highly-skilled attorney working with you.
Types of Product Liability Claims
Injury from a defective product can come about from a variety of causes. Our attorney can help you discover the exact nature of the defect, and how it led to the injuries and other damages sustained. The type of product defect and the degree of injury will determine the grounds for your lawsuit, and whether your suit should be brought against the manufacturer, the distributor, the wholesaler, or another party.
Both Florida and federal law recognize two primary categories of defect: design and manufacturing. Your lawsuit can be brought under one or more of the following situations:
- Negligence: It must be demonstrated that carelessness in the design or manufacture of the product was the prime reason for your damages. Faulty parts that led to a collapse, a design that causes unavoidable injury, inaccurate settings – these are all potential cases of negligence. Negligence occurs when there is a breach of duty. It must be established that there should have been knowledge that the product was defective. To accomplish this, it is necessary to call upon our professional resources to provide expert testimony.
- Strict Liability: This is the most common type of product liability case. The injured party must only prove that the product was defective and that it caused injury. This does not apply to products obtained outside the normal distribution channel, from secondary sellers on eBay (for example) or used products.
- Breach of Express Warranty: Specific statements by the manufacturer or retailer that proved to be false.
- Breach of Implied Warranty: There can be a clear implication from the manufacturer that leads the user to the expectation that the product can be used without injury.
- Food poisoning: This claim can be brought against any party in the chain of distribution, including the retailer. You must be able to connect the food to the specific poisoning you suffered. Our product liability attorneys can help collect evidence of tainted batches of the same food, bacterial connections between the food and your body, and by other means.
- Failure to Warn: Potential and known risks that are not adequately labeled.
There is also the possibility that you can participate in a class action lawsuit, when many injured people band together for legal action. This is typically not appropriate for cases in which an injury is significant or unique. Joining a class action lawsuit is more appropriate when the liability has been widespread, and where the costs of winning a suit may be less than the legal costs associated with filing a lawsuit.
What Damages Can You Recover?
Almost every product liability lawsuit is unique. To win such a case, many individual factors come into play. However, you can be eligible for:
- Medical costs
- Lost income
- Pain and suffering
- Emotional anguish
- Out-of-pocket costs related to the injury or damage
- General damages that cannot be easily calculated, such as future lost wages, consortium or ability to enjoy life.
At Morgan & Morgan, our legal team is passionate about pursuing justice. We know how adversarial it can become in a product liability case, and the strategies employed by corporate defense lawyers. We have an extensive track record of success, and have the highest possible peer review ratings. You can trust us to fight for your right to full compensation. Give us a call now for a free case evaluation, or use our online form for a fast response.