Unfortunately, consumers are endangered daily by the hazards of defective products. Defective products can range from harmful prescription drugs to faulty tires or toxic chemicals in products.
Manufacturers are legally responsible for creating safe products that do not injure or harm consumers. Therefore, they should be held accountable if they sell a defective product that results in injuries or death.
If you believe you were injured due to a defect or dangerous product, contact a Tampa Product Liability Attorney. A lawyer may be able to help you get compensation for damages.
What Is Product Liability?
Product liability is a legal term that protects consumers who get injured by a defective product. Under Florida law, a consumer who gets injured by a defective product has the right to seek compensation from the product manufacturer, supplier, retailer, or distributor.
Defective products cause injuries when poorly designed, lack proper labeling, or are made of unsafe materials. Consequently, consumers who endure harm from defective products can seek compensation by filing a personal injury lawsuit with the help of a Tampa Product Liability Attorney.
What Is a Defective Product?
Just about any product that is designed or manufactured poorly or doesn’t have proper testing can be considered defective. Here are some examples of unsafe products that can lead to injuries or fatalities:
- Food Products
- Medical Products
- Birth Control
- Harmful Medications
- Defective Consumer Products
- Cribs, car seats, strollers
- Household appliances
- Energy drinks
- Products with improper labeling or packaging errors
- Defective Motor Vehicle Parts (Cars, Trucks, Motorcycles, ATVs)
- Defective tires
- Faulty brakes
- Defective seatbelts
- Poorly designed roofs
- Airbag failure
- Building Materials
- Poor design materials
- Dangerous substances like asbestos
Dangerous Product Injuries in Tampa
Negligence of a manufacturer, supplier, distributor, or retailer can have devastating consequences for consumers. It’s possible to suffer from severe injuries like traumatic brain injury, spinal cord injury, severe burns, broken bones, or death from defective products.
If you suffered injuries and other damages for any of the following reasons, speak with a Tampa Product Liability Attorney:
- Defective products
- Defective machinery
- Defective manufacturing
- Negligent product assembly
- Dangerous equipment
- Improper labels or product warning
- Lack of adequate instructions for safety
- Dangerous materials used to construct a building or product
How A Tampa Product Liability Attorney Can Help You
There are many factors to consider when determining if you have a valid product liability claim. A Tampa Product Liability Attorney can give sound legal advice on whether you have grounds for a Tampa product liability claim and how to proceed.
Here are a few other ways a Tampa Product Liability Attorney can be advantageous for defective product injury victims:
- They will conduct a thorough investigation to understand how your injury occurred
- A lawyer will help identify all potentially responsible parties and establish liability
- They can help you gather and preserve evidence to support your claim
- They will assist you in pursuing a claim against the responsible parties
- Having strong legal representation increases your odds of winning a fair financial recovery
What Is Florida’s Law Regarding Defective Products?
Florida uses a strict liability system when it comes to product liability and defective product injuries. So, if a consumer in Florida sustains injuries after using a product as directed, they can file a claim against the manufacturer, designer, or seller.
Even if there is no evidence of negligence in the design process, manufacturers have an obligation to put safe products on the market.
Three different types of scenarios give rise to a product liability claim in Florida:
- Defective manufacturing
- Defective design
- Or lack of adequate warning label
A manufacturing defect is when a product is manufactured differently than other products and consequently causes an injury. It’s usually the result of some mishap in the manufacturing process. Common causes of defective manufacturing include negligent workmanship or defective materials while constructing a product.
Design defects are when a product line has a defective or dangerous feature. Design defects are often caused by structural defects, inadequate safety features, or lack of suitability for intended purposes.
Lack of Proper Warnings
Failure to warn commonly arises with tools, heavy machinery, prescription drugs, dietary supplements, or other products sold without warning labels or instructions. Even then, warnings don’t usually protect manufacturers from liability if there is a design defect.
Is There a Time Limit in Florida to File a Product Liability Claim?
Yes. For defective product injuries, the statute of limitations is four years from the date of injury. Working with a Tampa Product Liability Attorney is the safest way to ensure you take action on time.
Product liability cases might be particularly time-sensitive because sometimes the side effects of a defective product are not immediately apparent. For example, chemical-based products may take years to fully present harmful side effects or someone to feel symptoms.
What Kind Type of Claims Can I File for Product Liability in Florida?
Product liability and defective product injuries fall under personal injury law in Florida. Based on Florida Statute Chapter 768 Section 81, defective injury victims can bring a civil action against a manufacturer for:
- A breach of warranty
- Strict liability
If the damages resulted from defective manufacturing, construction, design, assembly, installation, preparation, or formulation, you might be entitled to seek compensation. A Tampa Product Liability Attorney can assist you in determining the best approach for your unique case circumstances.
Do I Still Have a Product Liability Case if There Was a Warning?
Yes. Even if a product has a warning or instructions for intended use, if it caused your injuries, then it’s considered unsafe. Therefore, a manufacturer cannot simply put a warning label to protect itself. The product should be free of danger, or any defects should have been corrected in the manufacturing process. If not, they can be liable for your injuries.
However, just because you sustained an injury, that doesn’t automatically mean the product was defective. Even a well-designed item can break, but someone should be held responsible if it breaks or causes harm from poor design. Additionally, anticipating unforeseen products is part of a manufacturer’s responsibility. So even if you used a product in a way other than intended, if you got injured, you have legal recourse.
What if My Defective Product Was Made Outside of the U.S.?
Millions of products in the U.S. are not made here. Or, maybe a part or portion of the final product was sourced internationally. Even if a foreign manufacturer is responsible for a faulty part, the business that sold it here is ultimately responsible and subject to liability laws.
What Damages Can I Seek After a Tampa Defective Product Injury?
If a defective or dangerous product injured you or a loved one, you should consider contacting a Tampa Product Liability Attorney. They will see to it that you collect a full recovery for all damages you incurred, including:
- Medical expenses (current and future)
- Lost wages
- Diminished future earning capacity
- Pain and suffering
Contact A Tampa Product Liability Attorney In Florida
If you or a loved one sustained injuries or other losses because of a defective product, call a Tampa Product Liability Attorney right away. You don’t want to miss the deadline for your chance to seek rightful compensation for everything you’ve gone through.
Our team of Florida personal injury lawyers has been in practice for over 60 years. We specialize in all types of personal injury cases and represent clients who get injured due to someone else’s negligence. We’ll do everything it takes to make sure you walk away with justice.
Call us today for a free case review.