Almost everything we depend on comes from large corporations, many overseas. Whether it’s bad tires or bad drugs, defective airbags or defective knee replacements, a local company or an international corporation, Fasig | Brooks has the resources to go the distance. The courtroom is the ultimate equalizer, and we’ve spent years putting it to use for our clients.
We take on cases across Orlando, Tallahassee, Jacksonville, and all of Florida involving a variety of products, including:
- Children’s toys
- Home appliances
- Sports equipment
- Construction equipment
- Heavy machinery
- Medical devices
- Automobiles and their parts
- Safety equipment
For A Free Consultation Contact Us Now
Tallahassee: (850) 777-7777
Jacksonville: (904) 222-3333
Miramar Beach: (850) 203-5665
Types of Product Defects
Our Tallahassee product liability lawyers have successfully represented numerous clients in cases involving the three primary types of product defects:
- Design defects, which affect the inherent safety of the product. Designers are supposed to create products that their consumers can use safely. Some products are inherently risky to use, such as airplanes, cars, and anything that needs to be plugged in. Medical devices may need to be applied by the patient, who may be suffering from a debilitating condition. However, designers are supposed to consider these risk factors and find solutions for them so that when the product is used as intended, it benefits the user.
- Manufacturing defects, which occur during the manufacturing process, results in a product that is manufactured improperly and is therefore rendered unsafe. There is no design defect in these cases, and the product should be safe to use. However, if there is a mistake in the assembly line or the construction or production of a single product or a batch of products, those dangerous products can cause severe injuries and lead to product liability cases. Manufacturers and sellers of products are usually liable in most cases when they produce a dangerous or defective product that leads to personal injury or wrongful death.
- Marketing defects, which involve incorrectly advertising a product, failing to include proper warnings, or including inadequate/improper instructions for use.
Failure to Warn
When a consumer uses a product that could cause them harm or injury, such as medications or medical devices, and the proper use of the drug or device leads to personal injury, this is a major legal issue. You will need an attorney experienced in product liability claims to go up against the major corporations that develop these drugs to get the compensation you deserve for your medical bills and lost wages. Manufacturers, retailers, or distributors of such products can be held liable if they failed to warn the consumer of the potential for injury.
Aviation Product Defect
Our attorneys represent victims of aviation accidents who were injured in a plane crash. We have secured large amounts of compensation for them or their families in wrongful death cases. Furthermore, our Tallahassee product liability lawyers promote enhanced safety practices and regulations. Your Tallahassee personal injury attorney from Fasig | Brooks will assemble their team of product liability lawyers, investigators, and aviation experts to represent you or your family after an aviation disaster.
Defective Workplace Machinery
Our defective product lawyers will exhaust their resources in Tallahassee FL if you or a loved one was severely injured due to manufacturing defects on a piece of equipment used in the workplace.
Award of Damages in Florida Product Liability Lawsuits
Product liability lawsuits seek monetary awards for the injuries the plaintiff has experienced. The injured party or heirs or beneficiaries bring the product liability lawsuit and receive these monetary awards as compensation for their losses. Proving negligence and establishing the monetary amount of the damage done is difficult. The experienced attorneys at Fasig | Brooks will investigate thoroughly before determining the proper dollar amount to seek in a lawsuit.
Compensatory damages are designed to reimburse the filing party for losses due to medical expenses, lost wages, pain and suffering, inconvenience, and lost capacity for the enjoyment of life. In cases involving wrongful death, compensable losses may include medical and funeral expenses, loss of services of the deceased, lost net accumulations of the deceased, mental and emotional pain and suffering of the survivors, and loss of companionship. Punitive damages may also be awarded if the extent of neglect was extreme. A jury typically decides these damages.
Contact us in Tallahassee at (850) 777-7777, Orlando at (407) 286-6000, or Jacksonville at (904) 222-3333 to learn more.
Steps to Take if You’ve Been Injured by a Defective Product
A defective or poorly designed product can cause a serious personal injury, leading to high medical bills, lost wages, and a significant amount of emotional distress. Injury victims must know the right steps to take after an accident caused by a defective product.
First, seek medical care. Your health or the health of a loved one is the most important thing to focus on after a product defect accident. Delaying seeing a medical professional can exacerbate your injuries and fuel the opposing party’s argument that postponing medical care worsened your symptoms.
Next, you should put the item in a safe place and not tamper with it further. It will be used as crucial evidence in your case, so you will want to preserve it for your product liability lawyers and their team to investigate. You should also take pictures of the product.
Be sure to include any documentation that goes along with the product, such as the receipt, manual (if it came with one), the wrapping or packaging the product came in, and any other documents you have related to its warranty. If you were injured by a medical device, your attorney should be given a copy of the prescription and any relevant medical records.
Thirdly, you should document your healing process by taking pictures of your injuries or writing in a daily journal about your symptoms. Your notes should include your pain level, the emotions you’re feeling, how the injury has impacted your family and daily activities, and any other information that you want to share that is relevant to your case.
It is also highly advised not to talk about your accident or injury on social media. The defendant’s lawyers will review your social media posts, and they will use any photos of you appearing to be healthy and happy against you. They will use these images to argue that you are not at hurt as you claim.
Lastly, contact an attorney. Product liability cases can be very complex, but the attorneys at Fasig | Brooks have the resources to investigate your claim. We will also explain product liability law to you so that you understand every step of the process of filing a claim in court.
What is strict product liability?
Product liability claims are based on strict liability, breach of warranty, and negligence theories. These rules established that a manufacturer, distributor, or seller of a defective product is liable for injuries that the product effect cost, regardless of whatever action or precaution they took to ensure that the product would not cause personal injury.
Strict liability often plays a role in defective product defect cases if the injured victim was misusing the product or in a manner that is inconsistent with its intended design or functionality.
When should I contact a lawyer?
You have four years from the date the injury occurred to file your personal injury or wrongful death claim in the state of Florida to be eligible to receive compensation from the manufacturers, sellers, or other liable parties. However, you do not want to wait long to contact an attorney. Evidence can deteriorate over time, and if you delay, the opposing party’s lawyers will find ways to question the legitimacy of your claim. Also, if you have hospital bills piling up, bills to pay, and a life that you want to get back to, then it’s in your best interest to get the compensation you need as soon as possible. Contact the Tallahassee product liability lawyers at Fasig | Brooks. We specialize in wrongful death cases and representing injury victims in Tallahassee, and we are ready to help you.