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Four Essential Ways To Prove Your Florida Product Liability Claims


If you or a loved one has been injured using a product, you may have a case for a product liability claim. Product liability claims are filed against the manufacturer or distributor of a product that caused your injury. In order to prove your claim and receive fair compensation for your injuries, you will need to prove four important things.

1. You Must Prove You Were Injured

In order to receive compensation for your injuries, you have to prove that you were injured. The best way to prove that you were injured is with your medical records. Your medical records document everything from the date of injury to the type of injury to the cost and types of treatment you received from the injury. You have a legal to obtain your medical records, you just have to request them from your healthcare provider.

2. The Product Was Defective

The next thing you will need to do is prove that the product was defective. There are many ways to prove a product was defective including:

  • The product has a defective design
  • Manufacturing caused the product to be defective
  • The distribution of the product caused the product to be defective
  • The manufacturers failed to provide adequate instructions
  • The product did not have adequate safety labeling

There are a couple different ways you will go about proving the product was defective. In some cases there will be a product recall, while in others you will rely on expert testimony and product testing to prove that the product was unsafe. However, just because you can prove a product is dangerous does not mean it is defective. So it is very important to hire an attorney to prove the product was defective.

3. You Were Using The Product As Intended

Product liability laws only protect you if you are using the product correctly. If you were misusing the product, not following the instructions, or listening to the warning labels, then you will not have a claim. So you will need to prove that you were injured while using the product as intended. This will also require the help of an attorney.

4. The Defect Caused Your Injury

The most important part of proving your liability claim is to prove that the product defect is directly responsible for your injuries. Usually can you prove this by comparing your product use history with the timeline of your medical treatment. This is also the most difficult part of your claim to prove, so you will need to hire an attorney so they can get all the important documents and testimonies needed to prove causality.

Proving these four things can be extremely difficult on your own, so you need to hire a qualified attorney. Our attorneys at , Goldman, Babboni, and Walsh have over 150 years combined experience representing people in Florida in product liability cases. We know exactly what you need to prove for product liability and can help you collect all the necessary evidence for these four things. So if you’ve been injured by a defective product, contact us today for a free consultation to see how we can help!

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Four Essential Ways To Prove Your Florida Product Liability Claims

Goldman Babboni Fernandez
Murphy & Walsh




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