Defective Product Lawyer

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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.

Legal FAQs

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.

Defective Products: What You Need to Know

When you purchase a product, you expect it to be safe for use. However, defective products can cause severe injuries, long-term health complications, or even fatalities. Whether due to poor design, manufacturing defects, or inadequate safety testing, dangerous products can affect every aspect of daily life. Our firm is committed to helping victims of defective products hold negligent manufacturers, distributors, and retailers accountable.

What Products Can Be Defective?

Virtually any product can pose risks if it is improperly designed, manufactured, or labeled. Common categories of defective products include:

1. Automotive Defects

Faulty vehicle parts can lead to catastrophic accidents. Some of the most common defective automotive components include:

  • Steering systems
  • Airbags (including Takata airbags, which have been recalled due to dangerous malfunctions)
  • Seat belts and booster seats
  • Fuel systems
  • Braking systems
  • Tires
  • Windshield wipers
  • Accelerators
  • Engine cooling fan blades
  • Car ramps or jacks

Notable Cases:

  • Takata Airbags – One of the largest recalls in history, linked to exploding airbags that caused serious injuries and fatalities.
  • General Motors (GM) Ignition Switch Defect – GM faced multiple lawsuits after faulty ignition switches led to cars shutting off unexpectedly, disabling safety features.
  • Boeing 737 Max – Design flaws in the aircraft led to two fatal crashes and global groundings.

2. Dangerous Pharmaceuticals

Prescription and over-the-counter drugs can be hazardous when they cause unanticipated side effects, are manufactured incorrectly, or are marketed deceptively. Some of the most well-known cases include:

  • Elmiron (linked to vision loss)
  • Invokana (associated with kidney failure and ketoacidosis)
  • Zantac (recalled due to cancer-causing contaminants)
  • Valsartan (contaminated with carcinogens)
  • Xarelto (associated with excessive bleeding)
  • Johnson & Johnson’s Baby Powder (linked to ovarian cancer due to asbestos contamination)

3. Defective Medical Devices

Medical devices are meant to improve quality of life, but defective devices can cause serious health complications. Examples include:

  • Hip and Knee Implants (e.g., DePuy, Stryker, Zimmer Biomet)
  • Hernia Mesh (causing severe infections and complications)
  • IVC Blood Clot Filters (associated with organ damage)
  • Mirena IUD (linked to severe pain and organ perforation)
  • Bair Hugger Warming Blankets (allegedly leading to post-surgical infections)
  • 3M Combat Arms Earplugs (defective earplugs used by the military, leading to hearing loss and tinnitus)

4. Hazardous Children’s Products & Toys

Defective children’s products can lead to suffocation, poisoning, or serious injuries. Notable recalls include:

  • Fisher-Price Rock ‘n Play Sleeper (linked to multiple infant deaths)
  • CSI Fingerprint Examination Kit (contained toxic substances)
  • Aqua-Leisure Inflatable Baby Floats (posed drowning hazards)
  • Toys with Lead Paint or Small Parts (risk of poisoning and choking hazards)

5. Dangerous Electronics

Faulty electronic devices can cause fires, explosions, or electrocution. Notable cases include:

  • Samsung Galaxy Note 7 (battery explosions)
  • E-cigarettes and Vape Pens (linked to explosions and lung disease lawsuits)
  • Defective Batteries in Laptops and Phones
  • Household Appliances (such as ovens, space heaters, and dryers causing fires)

6. Defective Household Products

Everyday products can turn hazardous when poorly designed or manufactured, including:

  • Furniture prone to tipping over (e.g., unstable dressers and Murphy beds)
  • Kitchen appliances (stoves, microwaves, refrigerators)
  • Defective smoke detectors or carbon monoxide alarms

7. Food & Beverage Contamination

Contaminated or mislabeled food can cause illness, hospitalization, or even fatalities. Common concerns include:

  • Salmonella and E. coli contamination
  • Foreign objects found in packaged foods
  • Improper food labeling leading to allergic reactions

8. Agricultural and Industrial Equipment Defects

Defective work equipment can result in catastrophic workplace injuries. Common cases include:

  • Heavy machinery malfunctions
  • Defective construction tools
  • Faulty farm equipment (e.g., tractors, pesticide sprayers)
  • Monsanto’s Roundup – Lawsuits have linked glyphosate, the active ingredient, to cancer.

9. Sports and Recreational Equipment

Defective sporting goods and protective gear can lead to serious injuries, including:

  • Defective helmets in football, cycling, and motorcycling
  • Faulty gym equipment
  • Defective life vests and flotation devices

10. Defective Baby and Infant Products

Manufacturers have recalled numerous baby products due to risks of suffocation, choking, or injury, including:

  • Defective strollers and car seats
  • Cribs with collapsible or weak designs
  • Baby formula lawsuits related to harmful ingredients

What to Do If You Have Been Harmed by a Defective Product

If you or a loved one has been injured due to a defective product, follow these critical steps:

  1. Seek Medical Attention Immediately – Your health comes first. Get medical care and keep records of your treatment.
  2. Preserve the Product – Do not alter or throw away the defective product. It may serve as critical evidence.
  3. Document Everything – Take photos of the product, your injuries, and any damage it caused.
  4. Save Receipts and Packaging – Proof of purchase and product details can strengthen your case.
  5. Consult a Defective Product Attorney – Our experienced team can help you determine your legal options and fight for the compensation you deserve.

How We Can Help

At Goldman, Babboni, Fernandez, Murphy & Walsh, we have extensive experience handling complex product liability cases. Our legal team will:

  • Investigate the product’s history and potential recalls
  • Work with experts to establish negligence
  • Negotiate with manufacturers and insurance companies
  • Take your case to trial if necessary

You deserve justice if you or a loved one has suffered due to a defective product. Contact us today for a free consultation.

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.

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.

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.

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.

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.

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.

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.

  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.

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