Wed 11th Dec | 2019

Product Liability Lawsuits: Do I have a Product Liability Case?

Auto Defect Car Accidents Defective Products Defective Tires Product liability BY

About Product Failure Cases in Florida

If you’re injured by a defective or malfunctioning product, you may be able to bring suit against the manufacturer, seller, or servicer. Unfortunately for consumers, Florida law limits the circumstances under which you can file a claim. The legal processes involved also narrow the field of actions that truly benefit plaintiffs.

Taking action against a negligent developer or supplier is time-consuming. Before you jump in, use our do-it-yourself claim evaluator below to learn if your automotive, utility worker, consumer product, or construction/manufacturing equipment case could stand up in court.

Florida Statutes of Limitation and Repose

Like all personal injury cases, product liability cases must be filed within a certain window after the incident. Any plaintiff seeking recompense after an injury caused by a consumer product must file within 4 years of the damage occurring. Survivors seeking wrongful death motions have only 2 years to pursue a claim.

Statues of repose limit the amount of time a manufacturer can be held liable for defects after a product’s release. Unless otherwise specified, products are presumed to have a useful life of 10 years; anyone injured by a product that is older than 12 years will not be able to sue the original manufacturer. However, certain circumstances can extend the statute of repose or pass liability on to a second party—so even if your case includes an item no longer in its “useful life,” you may still have standing to bring a suit.

Automotive Cases

If you’re hurt in a crash, you may be able to sue another driver for damages if they were at fault. However, other factors may have also contributed to your injury. Cars must pass strict safety tests before they’re allowed on the roads, but the amount of auto recalls announced is proof that manufacturers don’t always live up to promises. If your car has a defect that causes an accident or disrupts required safety features, you may be able to file a suit against the automaker or any technicians whose work caused systems to malfunction. Poor workmanship can create problems including:

Road Design and Management of Traffic (MOT)

Sometimes poor engineering by a city can unnecessarily endanger drivers. Mistakes in design can obscure traffic signals, create low-visibility intersections, and escalate the dangers of extreme weather. Construction zones can also create hazardous areas, especially if the company in charge fails to provide proper warnings or maintain safe conditions in open lanes.

What Types of Injuries Often Lead to Lawsuits?

If you or a loved one suffered one of these catastrophic injuries after an accident, we may be able to help you:

  • Amputation/loss of limb
  • Quadriplegia or paraplegia
  • Paralysis
  • Orthopedic injuries requiring extensive treatment
  • Brain injury
  • Death

Start Your Case with a Free Evaluation

Does your case match the circumstances above? We may be able to help you file a claim against a negligent manufacturer or seller. Get in touch today with the following information to help us evaluate your case:

  • Date of accident
  • Vehicle make, model, and year
  • Date and location of vehicle purchase
  • Current status and location of vehicle

You can send your materials and request a consultation online or call 561-899-2100 to schedule a meeting with one of our knowledgeable team members.

Consumer Product Defects

Whether it’s toys or cookware, any items for sale in America should be safe for consumer use. However, defective parts, cheap manufacturing, and/or a lack of quality control allows dangerous products to make it into our stores and homes far too often. Large items or products with moving parts can be especially hazardous if something goes wrong.

Common Malfunctioning Products

Any type of product can contain toxic materials or parts that can cause eye injuries, choking hazards, and more. If you purchased it, you can likely hold someone liable for injuries caused by it. The most common product liability cases we see involve:

  • Children’s toys
  • Exercise equipment
  • Kitchen appliances
  • Landscaping tools
  • Furniture
  • Other household or office goods
  • Products made for outdoor use

Injuries Vary in Product Liability Cases

Unlike car accidents, where certain types of injury are common and others unlikely, the range of dangers you may face from a defective product varies as much as the products themselves. Someone who is significantly harmed by a product—and needs extensive treatment or suffers an injury that affects their ability to perform their job or other normal obligations—may be able to bring a successful suit. Cases of mild injury could cost you more than the settlement would be worth, so we recommend only pursuing a claim if the victim suffered disabling harm.

Let Us Fully Evaluate Your Case

If your claim meets the above criteria, come to us for a professional opinion on your next steps. You can help us give you the best advice by providing the:

  • Date of the incident
  • Product make, model, and year
  • Date and location or product purchase
  • Current status and location of product

Get in touch today to learn more about your options. You can reach us online or by calling 561-899-2100.

Utility Worker Cases

Workers who use bucket trucks, scissor lifts, or other equipment to perform maintenance including tree trimming or utility wire upkeep are at high risk of suffering injury from machinery malfunctions or unsafe power lines. It doesn’t matter if you’re employed by a corporation or a small private business—you may be able to file a suit against an equipment manufacturer or power company for endangering you.

People in these or similar occupations may be injured in accidents including:

  • Electrocution by utility wires or other energy sources
  • Equipment tip-overs
  • Equipment crushed
  • Electrocution via equipment

Type of Worker Injuries

Electrocution and machinery accidents can have long-lasting effects. We might be able to help in cases of injury including:

  • Amputation/loss of limb
  • Second- or third-degree burns[CD1]
  • Quadriplegia or paraplegia
  • Paralysis
  • Orthopedic injuries requiring extensive treatment
  • Brain injury
  • Death

We Can Give You a Free Legal Opinion

For anyone injured in the ways outlined above, a lawsuit could help you recover compensation for your hardships. Reach out to our team for a free evaluation, and let us know the:

  • Date of the accident
  • Location of the accident
  • Product involved (if applicable)

You can reach our team online or by calling 561-899-2100. Schedule your free consultation today!

Construction or Industrial Injuries

Workers whose job includes use of or proximity to large machinery and equipment are always at risk of serious injury. However, Florida’s workers’ compensation immunity laws may bar you from suing other contractors or employees on the job site after an injury—even if the damages exceed your insurance settlement. If dangerous or malfunctioning equipment was a factor in your accident, you may be able to file a product failure or negligent engineering case.

Workplace Injuries from Malfunctioning Machinery

Tragedies including collisions, electrocution, and being caught in or by machinery are responsible for many catastrophic injuries each year. A worker employed for physical labor could lose their source of income if a disability, temporary or permanent, renders them unable to perform the demands of the job. You could be able to recover your expenses after:

  • Amputation/loss of limb
  • Second- or third-degree burns
  • Quadriplegia or paraplegia
  • Paralysis
  • Orthopedic injuries requiring extensive treatment
  • Brain injury
  • Death

Start with an Expert Opinion

Does this sound like your experience? After a serious injury, our legal team is here to support you in getting the help you need. If you are thinking of bringing a case, let us know the:

  • Date of the accident
  • Location of the accident
  • Details of the job/assignment
  • Machinery or equipment involved

Come in for a consultation at no obligation: Call 561-899-2100 or contact us online to schedule your appointment.

Complex Cases Welcome – Schedule a FREE Case Evaluation

Did you or a loved one face extensive or catastrophic injury after a product malfunction—but it doesn’t quite fit into any of the categories above? We aren’t afraid to investigate difficult and time-consuming questions in pursuit of justice. Let us know the details and we’ll help you determine whether you might have a case.

It is important to note that you do not have to know if you have a product liability claim. It is our job to determine what, if anything, failed and contributed to your accident. If you or a loved one has sustained injuries, your first job is to call a lawyer. Our team will launch an investigation and determine the at-fault parties – that’s what we do.

Reach out to us online or call 561-899-2100 if you were seriously injured by a dangerous or malfunctioning product. You could be eligible to recover medical costs, lost wages, and more.