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Seeking Compensation For Injuries Due To A Defective Product


Seeing products for sale on shelves makes consumers feel that these things are always safe for the public to use. No one can blame them as it is only natural to think that way. After all, companies have the legal responsibility to ensure the safety and effectiveness of the products that they manufacture and sell.

However, some products do not live up to quality standards. What is worse is if they end up causing harm. When this happens, you can hold the company liable for damages for any injuries that you may have sustained due to the defective product.

Product Liability

When you spend your hard-earned money on a certain product, you expect it to perform its intended purpose without any problems. Product liability refers to the individual or manufacturer that a victim holds liable for placing defective products into consumers’ hands. The law requires all products to meet consumer expectations.

Defective Product Cases

Generally, a product liability claim can fall under certain legal categories. These are negligence, strict liability, and breach of warranty. The type of case you will file will depend on these.

In Florida, there are three types of product defects that can lead to a case. Each comes with specific protections under state law.

• Design – You can have a product liability claim if the design of the manufacturer presents an unreasonable hazard to consumers. It means that the design of the product itself is inherently deficient or dangerous. This type of claim may extend to an entire product line. If you think your case falls under this, you will have to prove that the injury you received is a result of the defective design and not your negligence.

• Manufacturing – Another possible cause of a defect can be traced back to the manufacturing process. It happens when a product has some flaws caused by the way it was made in the factory. You can hold the manufacturer liable if the defects that caused your injuries happened between the design and packaging processes. If you want to file such a claim, you have to prove that the injury is because of the manufacturing defect, and not improper use.

• Failure To Provide Proper Warning – The last type of defective product case in Florida is the failure of the distributor or manufacturer to include appropriate warnings or adequate instructions on the product’s packaging. In this case, your lawyer will have to show that having a proper label could have lowered the risk or prevented the occurrence of an injury.

How It Works

Florida law sets a statute of limitations for defective product claims. You have to file a lawsuit within four years after discovering the problem. Additionally, you have to take note of the twelve-year statute of repose in Florida. This means that a manufacturer will not have liability in most cases twelve years after delivering a product to the first buyer.

State courts also use comparative negligence in these types of cases. They will award only a percentage of the liability compensation if you are partially at fault for your injury.

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.

Seeking Compensation For Injuries Due To A Defective Product

Goldman Babboni Fernandez
Murphy & Walsh




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