Each time you use a product in the manufacturer’s intended manner, you have a right to expect that the product will function as expected. However, there are many times when consumers purchase new products that fail to work as advertised, and in certain cases, this may lead to a serious injury, or even death. In this event, the product manufacturers, distributors, or designers may be responsible for the injuries under Florida product liability laws and may owe the victim compensation for things like their medical bills and a variety of other impacts stemming from the accident.
Following a serious injury, understanding how to move forward can be very complicated and stressful. In fact, many studies have shown that stress has a significant impact on wound recovery, meaning that the less stress you experience during this process, the better your recovery may be. In addition to the possible medical benefits of working with a professional who can take on this stress for you, the team at Fasig | Brooks has a history of winning the money that their clients deserve, not just what the insurance company would like to pay.
Contact the Defective Product Attorneys at Fasig | Brooks Today
Our law firm offers a free initial consultation to victims of defective products, and we encourage you to take advantage of this consultation to learn more about your own rights and options today. During our consultation, we will be able to go over the specifics of your accident and the circumstances surrounding it, as well as explain how we can help you get the money that you rightfully deserve following this avoidable situation. Working with insurance companies or lawyers representing the responsible party is overwhelming, but when you have an award-winning team like the Jacksonville personal injury attorneys at Fasig | Brooks representing your interests, you can be confident and focus on your recovery.
Read more below to get a better sense of product liability in Florida, and contact us as soon as possible to schedule your initial consultation today.
Examples of Product Liability
The following are just a few of the many possible accidents that could be caused by defective products or misleading marketing. Whether or not your accident is mentioned below, contact us now to learn more about your rights and how we can help you get the money you deserve. A business that fails to provide its customers with safe, working products is liable for all damages caused by the resulting accident.
Inherently Dangerous Designs
If a bicycle is designed with suspension that causes a rider to be bounced off of the bike instead of simply absorbing the impact of rough terrain, this may be due to an inherently dangerous design. Another example of possible dangerous designs would be an electronic device that had exposed wires as a “feature” that then led to people being electrocuted. The manufacturer would have designed this into their product, and ignored the fact that it would be highly likely that people would come into contact with the exposed wiring.
When you run a chainsaw, there are multiple safeguards that are meant to provide additional protection for the user. These include a kickback guard that automatically kills power to the unit when depressed, as well as a chain catcher for a broken chain, a throttle lock, and more. If you were to operate a chainsaw that did not have any of these important features and were to be injured as a result, this would be a product liability issue based on these missing safeguards that should have been in place.
A manufacturing defect should be caught during quality control checks at the factory, but in some cases, these defects are missed and can lead to catastrophic injuries as a result. An example of this issue would be if you purchased a computer that had the wiring schematics reversed, causing the battery to overheat or to shock you when you turned it on. This is clearly not a design issue but is instead a mistake on behalf of the manufacturer that was producing the actual product.
Failure to Provide Adequate Instructions or Warnings
If you buy a product with inherent dangers that the manufacturer or producer fails to warn you of, any accident resulting from misusing the product is an issue of product liability. If you were injured while using a product and believe that you were not given proper instructions or warnings about the inherent dangers of using the product, contact us now to learn about how we can help you build a comprehensive case.
Understanding the Florida Product Liability Statute of Limitations
The Statute of Limitations for product liability cases states that a victim has four years from the date of the accident to take action against the responsible party. This seems like ample time, but too often, people find themselves approaching this date without much progress made. It is understandable that after a serious accident you will want to prioritize your recovery, but keep in mind that a premises liability attorney will be able to handle all of the legal issues surrounding your accident at the same time. In fact, much of this time may be used to negotiate with either the responsible party’s insurance company or directly with the responsible business about an out-of-court settlement. Many personal injury cases are settled before going to court, and the time allowed under the Statute of Limitations is best used in negotiations.
If, on the other hand, we were to wait for 3.5 years before initiating our claim, we may be left with few options other than to go to court, which is a costly and time-consuming process that may not end with a better outcome than if we were to successfully negotiate a settlement. Whether or not we ultimately decide to file a lawsuit with the Florida courts, it is best that you contact our firm as soon as possible after your accident so that we have as much time as is allowed to understand our options and weigh our decisions.