What are the legal options for a defective product injury?

If a defective product has injured you, you may file a lawsuit against the manufacturer or seller of the product.

When injured by a product you thought was safe, it may be shocking. But then it’s a good idea to take your concerns to a product liability lawyer as soon as possible.

In compliance with Florida law, you must file a product liability claim four years from the day you were injured or two years if a defective product killed someone and you want to sue for their wrongful death. There may be exceptions to these time limits, but it is best to discuss this with a lawyer.

Consulting with an attorney as soon as possible prevents situations in which the statute of limitations expires, and there's no more chance to file a claim. Moreover, an attorney can help determine if your injuries qualify you for a lawsuit, who may be held responsible for the damages caused, and inform you of the compensation you can expect. A product liability lawyer can help you receive compensation for:

  • Loss of income
  • Medical bills
  • Pain and suffering
  • Emotional trauma
  • Disfigurement or scarring
  • Loss of companionship, enjoyment of life, society, or consortium

Essential steps for building a product liability case

After you've been injured by a product you believe to be defective, there are several steps to take before pursuing compensation for your damages. Firstly, you should seek medical care immediately and obtain a medical document, as it's key for the assessment of the injury. Please consider that for building a product liability case, other relevant documents may also be needed. A skilled lawyer's assistance is indispensable if you wish to file a lawsuit. An attorney experienced in Florida laws and regulations can expertly evaluate your case, determine the liable parties, and assist you while protecting your rights through the following claims:

  • Product liability: You can sue all parties responsible for the defective product, along with those involved in the product's supply chain. Product liability laws hold everyone accountable, from designers to manufacturers who issue inadequate warnings.
  • Strict liability: Florida admits strict liability in defective product cases, meaning that those injured don't need to prove the manufacturer's negligence; they only have to prove that the product was defective and caused their injury.
  • Negligence: You may sue everyone who contributed to the product's defect through their actions or omissions if you can prove that your injuries resulted from their negligence. To provide proof, you must be able to show that the manufacturer owed you a duty of care, breached that duty, and subsequently caused your injury.
  • Breach of warranty: If the product didn't meet the standards assured by the manufacturer or retailer, you may file a claim for breach of warranty. The breached warranties are of two types: express -  guarantees the product's attributes, or implied – apply automatically by law and ensure that the product corresponds to its intended purpose.
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.