Defective Product Lawyer

Defective Product Lawyer

Defective And Dangerous Product Liability Lawyers

Being hurt isn’t fun, and when you’re seriously injured it can quite literally upend your entire life. But when you’re hurt by a product that was defective, not only are you left with a physical recovery frustration – you’re in a situation that wouldn’t have been present had someone designed or manufactured their products properly.

Luckily, you do have options. With defective products, those hurt do have the potential to file a personal injury lawsuit and get the compensation that they deserve – and justice for their injuries.

Why Goldman Babboni Fernandez Murphy & Walsh?

  • Local Experience With Big Firm Results - Over $500 Won For Clients.
  • Every Case Is Represented By A Full Partner.
  • We are truly local to with offices in Sarasota, Manatee, Charlotte and Pinellas Counties
Defective Product Lawyer

In product liability cases, injuries can vary widely depending on the product in question and the nature of the defect. Here are some common types of injuries that can occur due to defective or dangerous products:

  1. Burns: These can result from defective electronic devices, appliances, or flammable materials that don’t meet safety standards.
  2. Cuts and Lacerations: Faulty tools, kitchen appliances, or broken glass components can easily cause these injuries.
  3. Broken Bones: This can happen with products like faulty furniture, collapsing chairs, or defective playground equipment that fails under normal use.
  4. Choking: This is especially common in children’s toys that might have small parts which are not securely attached or are designed poorly.
  5. Poisoning: Chemical products, medications, or food products that are contaminated or improperly labeled can lead to serious health issues, including poisoning.
  6. Electrical Shock: This can occur with any defective electronic device due to improper wiring, faulty batteries, or poor design.
  7. Asphyxiation: Items like defective car seats, cribs, or clothing with dangerous cords can pose strangulation risks.
  8. Eye Injury: Tools or toys that shatter or splinter, or products like defective lasers and chemical sprays can cause severe eye injuries.
  9. Hearing Loss: Defective products that unexpectedly emit loud noises can cause temporary or permanent hearing damage.
  10. Neurological Damage: This can be caused by exposure to toxic substances in consumer products or pharmaceuticals that have adverse effects.

When you or a loved one are injured by a defective product, it’s crucial to seek medical attention immediately. Following that, consulting with a legal expert who specializes in product liability can help you understand your rights and potential compensation. The team at Goldman, Babboni, Fernandez, Murphy & Walsh is equipped to navigate these complex cases and can provide the guidance and representation needed to seek justice for such injuries.

What Are Your Options?

In order to get compensation for your injuries, you’ll need to be able to prove that you were hurt by a defective product. The main thing here is to show that you were using the product exactly as intended and that it suddenly caused your injuries – if you weren’t following the instructions or using the product in a manner that was unintended, you have few options.

But, if your injuries occurred in an accident that you couldn’t have seen coming and were triggered by the defective nature of a product, you have more options. You may be able to seek compensation from the designer or manufacturer of your product, whether it’s a crockpot or an automobile that had a faulty system in it.

What About Recalls? 


When a product suddenly and without warning malfunctions and causes injuries, your case is much clearer as long as it can be proven that the issue was something within the product. But when multiple reports come in of the same problem, companies quickly issue recalls in an effort to avoid paying out in lawsuits.

These recalls occur most commonly in the auto world, but recalls on everything from baby swings to lawn chairs to TVs do occur on a regular basis. Just because a product is under recall, it doesn’t mean that you have no right to compensation. There are a couple of main points to consider here.

  • If you were injured before the recall occurred, you have the right to seek restitution through a lawsuit. This may be in the form of an individual claim or a class action lawsuit, but either way your attorney will work to get you what you’re owed.
  • If the recall happened before your injuries, you’ll have to be able to prove that you had no knowledge of the recall. Knowing about the recall and continuing to use the product negates your rights since you essentially accept the responsibility and risk.

In order to prove that you weren’t aware of the recall, you may have to show that you had no way of getting the notification about a recall. Auto companies mail out information to owners, but even then you may not receive the mailer – especially if you purchased the car used.

Either way, if your accident involved a product that a recall was issued on you may have more rights than you suspect, and talking to an attorney is the first step to getting what you’re owed.

What Are You Owed?

Your settlement in a personal injury lawsuit should return you to a financial point you would have been in had the accident never occurred. This can include a variety of things including restitution for:

  • Lost wages at work
  • Medical bills
  • Long term medical care costs
  • Pain and suffering
  • The impact of the accident on your ability to earn money in the future
  • And more

Essentially, anything that is impacted by your injury should be considered when designing a settlement offer. Our team works with financial and medical experts to get a clear picture of just what you are owed, then we fight to make sure that you get it.

Standing Up To The Big Guys

One of the biggest challenges in a defective product case is that you’ll be seeking restitution from major corporations and companies. Whether it’s an automaker or a toy company, these groups have massive resources and will have legal teams and insurance companies working to keep you from getting a dollar.

The other side will use bullying tactics to try to keep you from getting any restitution. It may include things like refusing payment, stalling, forcing you to fill out needless paperwork, or offering you settlements that are less than you deserve.

But with our team on your side, that stops. We stand up to the bullies and the big guys on the other side and work to get those who are hurt the compensation that they are really owed. We have decades of experience in personal injury law including defective product cases, and we don’t stop until you get the restitution you’re owed. Contact us today for your free initial consultation.



What is Product Liability? What is Product Liability?

Product liability pertains to a legal framework that entitles consumers harmed by faulty products to claim compensation. Defects can arise from the product’s design, manufacture, improper labeling, or use of substandard materials. The liability may encompass all parties in the product’s supply chain, from the manufacturer to the retailer.

Types of Product Defects under Florida Law

  • Florida law recognizes these main types of product defects, forming the foundation of a successful product liability case:
  • Manufacturing Defects: When a product deviates from its intended design due to errors in the manufacturing process, poor workmanship, or defective materials.
  • Design Defects: When all products from a manufacturer share a design flaw that makes them inherently hazardous. These defects often relate to structural inadequacies, absence of safety measures, or unsuitability for intended use.
  • Failure to Warn: These cases typically involve products like power tools, heavy equipment, prescription drugs, and dietary supplements, which lack sufficient warnings about potential risks.
  • Causation:  We must provide evidence that the defect in the product caused your injuries.  This often involves hiring expert witnesses to establish a clear link between the product and your injuries.
  • Injury or Damage:  Finally, it must be shown that you sustained actual harm or damage as a result of the defective product.  This could be physical injury, property damage, or financial loss resulting from medical bills, loss of earning capacity,ect.

Product liability cases can be complex, requiring a deep understanding of both legal principles and the specific product involved. At Goldman, Babboni, Fernandez, Murphy & Walsh, we have the knowledge and resources necessary to build a strong case on your behalf, and we are prepared to go the distance to help you seek the compensation you deserve.


What Products can be Defective? What Products can be Defective?

Any product, if inadequately designed, manufactured, or tested, can pose risks. This includes medical products, birth control, pharmaceuticals, consumer goods, automotive parts, and building materials.

Automotive Parts: This includes defective brakes, airbags, seat belts, tires, or faulty ignition switches. A defect in any of these can result in serious accidents leading to injuries or even fatalities.

  • Streering
  • Air Bags
  • Seats and booster seats
  • Fuel system
  • Wheels
  • Windshield wipers
  • Accelerator
  • Engine cooling fan blades
  • Car ramps or jacks

Takata Airbags: Takata Corporation was the subject of one of the largest and most complex product recalls in U.S. history, with their airbags found to explode and cause injury or death.

General Motors (GM) Ignition Switches: GM faced multiple lawsuits due to a faulty ignition switch in some of their vehicles, which could cause the car to turn off while driving, disabling safety features like power steering and airbags.

Boeing 737 Max: After two fatal crashes, this aircraft was grounded worldwide, and multiple lawsuits were filed claiming design defects.

Pharmaceutical Products: If a drug causes dangerous side effects that were not adequately disclosed, a lawsuit could be filed. This also applies to drugs that are marketed incorrectly or manufactured poorly.

  • Elmiron
  • Invokana
  • Onglyza
  • Tasigna
  • Taxotere
  • Truvada
  • Valsartan
  • Xarelto
  • Xeljanz
  • Zantac
  • Celexa
  • Lexapro
  • Paxil
  • Zoloft
  • Prozac

Johnson & Johnson’s Baby Powder: Allegedly, the talc in the company’s baby powder was contaminated with asbestos, a known carcinogen, leading to multiple lawsuits linking the product to ovarian cancer.

Medical Devices: This can include everything from defective hip implants to faulty pacemakers or mesh implants.

  • Bair Hugger Blankets
  • Bone Cement
  • Hernia Mesh
  • Hip Replacements 
  • De Puy Hip
  • Essure
  • IVC Filter 
  • Mirena IUD
  • St. Jude Defibrillator

3M Combat Arms Earplugs: These earplugs were widely used by military personnel, and 3M faced lawsuits claiming the earplugs were defective and caused hearing damage.

Various Hip Implants: Companies like DePuy (a subsidiary of Johnson & Johnson), Stryker, Zimmer Biomet, and others have faced lawsuits for producing faulty hip implants.

Children’s Toys: Toys with lead paint, small parts that can easily be choked on, or toys that are dangerous in design can lead to potential lawsuits.

  • CSI Fingerprint Examination Kit
  • Aqua-Leisure Inflatable Baby Floats
  • Moose Toys Little Live Pets
  • Mega Brands Magnetix Playsets
  • Lawn Darts 

Fisher-Price Rock ‘n Play Sleeper: This infant sleeper was recalled after being linked to multiple infant deaths, leading to lawsuits.

Electronics: This could involve anything from defective batteries that explode or catch fire, to electrical appliances that malfunction causing electrocution or fire.

  • Household electronic appliances
  • Laptops, personal computers, notebooks, tablets
  • Cell phones and accessories
  • Televisions and DVD players
  • Game consoles
  • Batteries

E-cigarettes and Vaping Devices: Several manufacturers, including Juul, have faced lawsuits related to the safety of their devices and the health impacts of vaping.

Samsung Galaxy Note 7: Samsung had to recall this smartphone model because of a fault in the battery that could cause the phone to explode or catch fire.

Household Appliances: Defective household appliances like ovens, refrigerators, washers, dryers, heaters, or air conditioners that lead to fires or other injuries can be the subject of a lawsuit.

Furniture: Furniture pieces that tip over easily or collapse under weight, causing injury, can lead to a lawsuit.

  • Murphy Beds 

Cosmetics: Cosmetics that cause allergic reactions, skin conditions, or other health issues due to undisclosed ingredients or faulty manufacturing could lead to claims.

Food and Beverages: These can cause harm if they are contaminated during manufacturing or contain foreign objects.

Industrial Equipment: Defective machinery at the workplace causing accidents and injuries can be grounds for a lawsuit.

Agricultural Products: This could include defective farm equipment or harmful pesticides.

Monsanto’s Roundup: This popular weed killer was subject to lawsuits claiming that glyphosate, the active ingredient in Roundup, can cause cancer.

E-Cigarettes and Vape Pens: Devices that explode or catch fire can result in severe burns and injuries.

Sporting Equipment: Faulty sporting gear or equipment that doesn’t offer the protection it claims can lead to injuries.

Baby and Infant Products: This category could include faulty strollers, car seats, cribs, high chairs, or even baby formula.


Our Expertise in Product Liability Cases Our Expertise in Product Liability Cases

Our team at Goldman, Babboni, Fernandez, Murphy & Walsh represents clients who’ve been harmed by:

  • Flawed product design
  • Machinery defects
  • Inadequate safety measures
  • Faulty manufacturing and assembly
  • Dangerous equipment
  • Insufficient labeling and product warnings
  • Confusing instructions
  • Use of hazardous materials in production

We are adept at investigating the circumstances leading to injuries, identifying liable parties, and preserving critical evidence for your case.

How We Can Assist You

We’re proficient in scrutinizing defective product cases to discern the cause of the injury, identify potential liable parties, and preserve vital evidence. We can guide you in filing claims against responsible entities such as manufacturers, parts suppliers, retailers, and other negligent parties.

 


Contact Our Florida Defective Product Attorneys Contact Our Florida Defective Product Attorneys

If you’re a Florida resident from Sarasota, Bradenton, or Saint Petersburg and suspect a product defect led to your injury or a loved one’s death, we’re here to help. Reach out to Goldman, Babboni, Fernandez, Murphy & Walsh for a complimentary consultation.


Frequently Asked Questions About Product Liability Frequently Asked Questions About Product Liability

What is the Time Limit for Filing a Defective Product Case in Florida?

In Florida, you have four years from the date of the injury to file a defective product case.

Can a Product’s Warning Label Protect the Manufacturer from Liability?

Typically, no. A product that poses risks to consumers even when used as instructed cannot be made safe simply by including a warning.

Who Can be Held Liable for a Defective Product?

The manufacturer, distributor, and retailer of a product are all potentially liable in a product liability case.

Can I Still File a Claim if My Product Was Manufactured Outside the U.S.?

Yes, as long as the product is sold in the U.S., the selling company is subject to domestic laws, regardless of where the product is manufactured.

How Can I Strengthen My Case?

Preserve the defective product and any related documentation, like purchase receipts and user manuals. Also, keep a record of all interactions and transactions related to the defective product.


Choosing a Product Liability Lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh Choosing a Product Liability Lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh

When dealing with claims involving dangerous or defective products, it is essential to have a lawyer with significant experience and excellent communication skills. At Goldman, Babboni, Fernandez, Murphy & Walsh, we offer a free consultation to prospective clients nationwide, to discuss the details of your case. We specialize in product liability areas such as hazardous medical devices and medications, faulty motor vehicles, and defective consumer goods.

We have achieved successful verdicts and settlements for clients who have suffered injuries due to defective products. We commit ourselves entirely to our clients in Orlando, Florida, and across the country, and will aggressively champion your rights from start to finish. If you have lost a loved one due to a defective medical or consumer product, we can provide you with the legal support you need during this challenging period.


Talcum Powder & Ovarian Cancer Lawsuits Talcum Powder & Ovarian Cancer Lawsuits

Our lawyers have been at the forefront of litigation involving women who have developed ovarian cancer linked to long-term talcum powder usage in Johnson & Johnson products. The company executives are alleged to have purposely concealed scientific findings indicating that talcum powder in their products poses a significantly elevated risk of ovarian cancer.

We can assist you in seeking compensation for the pain and suffering you or your loved ones have endured due to exposure to these products. Whether you’ve been diagnosed with ovarian cancer, are dealing with medical expenses, or have lost a loved one, our attorneys can help you navigate your options and seek justice.


Lead in Children’s Toys Lead in Children’s Toys

While the use of lead in children’s products was banned in the U.S. in 1978, toys manufactured abroad may still contain this hazardous material. If your child has suffered injury after exposure to such toys, our product liability attorneys are here to assist.

Many leading toy retailers, including Toys R Us and Wal-Mart, sell inexpensive toys imported from China. This practice has led to the introduction of substandard, potentially harmful products into the hands of thousands of children. Even trusted brands like Mattel, Fisher Price, and Disney have recalled products over lead-related concerns.


Product Liability Questions Answered Product Liability Questions Answered

Our team is well-equipped to answer all your product liability questions, such as:

  • What is required to prove in a product liability case?
  • What types of damages can be recovered?
  • Will misuse of the product affect the case?

Florida product liability law mandates that you prove the product was defective, and this defect caused your injuries. Damages recovered can range from compensatory damages, pain and suffering, punitive damages, to loss of consortium. If you used the product in a way not intended but was reasonably foreseeable, it is still possible to recover compensation.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we are ready to fight for your rights and guide you through your product liability claim.


Defective Product Lawsuits We Support  Defective Product Lawsuits We Support

  1. Automobiles and Auto Parts: Cars and their components are often recalled for safety issues, such as faulty airbags, ignition switches, and braking systems, which can lead to significant lawsuits against manufacturers.
  2. Pharmaceuticals and Medical Devices: Medications and medical devices with unanticipated side effects or failures, such as certain types of hip implants, birth control devices, and blood clot filters, have led to numerous legal actions.
  3. Consumer Electronics: Items like smartphones, laptops, and batteries have faced recalls and lawsuits due to risks of overheating, fire, or explosion.
  4. Children’s Products: Toys, cribs, car seats, and other children’s products are frequently recalled for safety issues, including choking hazards, lead paint, and structural failures.
  5. Household Appliances: Everyday appliances like washers, dryers, and kitchen appliances can be subject to recalls and lawsuits if they pose fire hazards or other safety risks.
  6. Food Products: Contaminated or mislabeled food products can lead to lawsuits, especially if they cause illness or fail to warn consumers about potential allergens.
  7. Chemicals and Building Materials: Asbestos, lead paint, and other hazardous materials have been the basis of many lawsuits due to their long-term health effects.