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Do I Have A Case If I’m Injured By A Product?


From toys to appliances to cars, every year thousands of people are injured every year from defective or dangerous products. So while you can seek compensation if you were injured by a defective product, they can be complex because the liability depends on the legal theory. If you have been injured by a product that is defective, it’s vital that you contact a personal injury attorney that is well versed in product liability laws.

What Defines A Defective Product?

Any product that malfunctions when you are using it the way it was intended to be used is a defective product. If when that product that you are using properly ends up hurting you and causing injury, the product is considered unreasonably dangerous, that is, defective.

There are three types of defects that can lead to your injury:

● Defective Design: The flaw was there before it was even manufactured.
● Manufacturing Defect: This flaw occurs during the manufacture and before it goes on the market.
● Marketing Defects: Flaw is in the advertising, labeling, purpose of the product and in the instructions and warning labels.

When seeking liability, your attorney can file a defective product lawsuit alleging negligence, strict liability or breach of warranty concerning the defective product.

Who Is Liable In A Defective Product Liability Lawsuit?

The party that is liable is dependent on which of the above flaws occurred. Compensation for a defective product injury can be assigned to the manufacturer of the product, the manufacturer of the part or ingredient of the product. The company that assembled or installed the product, the wholesaler, or retailer. In many cases it is not just a single entity that is liable, but the liability could rest with multiple parties.

To prove liability in a defective product injury lawsuit, you need to meet the following criteria:

● The product was used in a manner that it was meant for.
● Product directions and warnings on the label were followed.
● You must be injured as a result of the product’s defect.
● Causation: you have to prove the injury was from the product’s defect.
● Duty: You must prove the manufacturer or seller owed a duty to you to make and sell a product that is safe.

It is important that you speak to a product injury lawyer as soon as possible to represent you as filing a product liability lawsuit requires you to assemble all personal injury evidence supporting your claim.

What Am I Entitled To In A Defective Product Lawsuit?

The laws of your particular state will determine the amount entitled to you in a product liability lawsuit. Every state has different laws, requirements, and some states will place a cap on what you can collect for your damages.

Depending on where you live you can be compensated for:

● Economic Damages: medical costs, disability costs, lost wages and property damages.
● Other damages: pain, suffering, loss of consortium
● Punitive damages in some states depending on how severely you were injured, and the actions of the responsible party.

Preparing For A Product Liability Claim

It is important that you keep in mind that a product liability lawsuit will take time, up to years. But it helps if you are prepared and can help your personal injury lawyer to gather the information you need to strengthen your case. These include:

● Save the product for evidence
● If possible save the packaging and instructions as this can also be used as evidence
● Retain all your receipts to show you purchased the product. It is a good practice to keep all receipts for a short time.

Your attorney will begin compiling medical records, any physical therapy, or reports of prognosis if are severely damaged. These are all necessary for the attorney to determine damages.

When it comes to product liability lawsuits in Southern Florida, the attorneys at Goldman, Babboni, Fernandez, and Walsh are well versed in product liability laws of Florida. With decades of experience, we are known in the area for our success as personal injury lawyers. Call us today for a free consultation.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Do I Have A Case If I’m Injured By A Product?

Goldman Babboni Fernandez
Murphy & Walsh




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