Florida Product Liability Attorney
We use products in all aspects of our daily lives. From toothbrushes to kitchen appliances, from children’s toys to cars and SUVs, and from tablets to power tools, virtually everything we do requires something that was designed, manufactured and sold by someone else. Of course, in most cases, this “someone else” is a large corporation. Toy companies, car companies and appliance manufacturers (to name a few) make billions of dollars a year selling products to consumers. While many, if not most, products are relatively safe if used properly, companies recall millions of products every year, and far too many known dangers go unreported.
If you believe that you or a family member may have been harmed by a defective product, it is important that you speak with an experienced Florida defective product attorney. You may be entitled to compensation by law, and you may need this compensation for your family’s long-term recovery and wellbeing.
Florida Product Liability Laws
Product liability cases are unique in that they are not based on the law of negligence. In most other types of injury cases, you must be able to prove that someone else was “negligent” in order to secure a financial recovery. But, in cases involving product-related injuries, corporations can sometimes be held liable on a “strict liability” basis. This means that proof of negligence is not required. Under this theory, if you can prove that a product defect caused your injury, this could be enough to establish your claim for financial compensation.
However, this is not nearly as easy as it sounds. Large corporations will vigorously dispute consumers’ product liability claims, and they will often try to blame plaintiffs for their own accidents and injuries. Particularly where there is the potential for multiple plaintiffs to bring claims – such as in pharmaceutical, tobacco and automotive defect litigation – they will pay millions of dollars to defense lawyers who will use all available legal means to protect their clients as much as possible.
At Searcy Denney, we put experience on your side. We have been representing Florida residents in products liability cases for more than 40 years. We understand the long-term consequences of product-related injuries, and we have a proven track record of securing favorable results for our clients in settlement negotiations and at trial. If you have a case, our law firm will provide skilled legal representation, and we will fight aggressively to win the compensation you deserve.
Types of Dangerous and Defective Product Cases We Handle
We have experience representing clients in cases involving a wide variety of products and product-related injuries. If you, your child, or another close family member has been harmed in an accident involving any of the following, we encourage you to contact us immediately for a free consultation:
In our aviation accident practice, we routinely pursue claims based on theories of product liability. On an airplane, everything from tires to seatbelts to engines and wings is critically important. If any component is defective, securing just compensation for accident-related injuries requires a thorough investigation focused on identifying potential product defect claims.
Vehicle defects play a role in a significant number of auto accidents as well. We have successfully represented clients in numerous vehicle defect cases, including cases involving SUV rollovers, defective airbags, defective car seats and tire defects.
Children’s Furniture and Toys
Children’s furniture and toys must be designed and manufactured with age-specific safety considerations in mind. When a piece of furniture or a toy has the potential to tip over, crush toes or fingers, lose small parts, cause choking or entanglement, or otherwise put children’s health and safety at risk, it can be unreasonably dangerous, and parents can seek financial compensation for their children’s medical expenses and other losses.
Construction Tools and Equipment
Defective tools and equipment can create risks for the workers who use them and others in the vicinity. We handle cases involving defective ladders, scaffolding, hand tools and power tools, heavy machinery, construction vehicles, safety equipment and other products.
The safety of the products in our homes is something that most of us take for granted. Unfortunately, too often, the trust we put in these products is misplaced. If you or a family member has been injured by a cleaning product, kitchen tool or any of the household items you use on a daily basis, we can help you seek just compensation.
Lawnmowers, trimmers, digging tools, garden tools and other types of landscaping equipment can cause serious injuries when not designed or manufactured appropriately for their intended use. We represent Florida homeowners and landscaping service providers in a wide range of product defect claims.
Defective medical devices can present extreme, and often life-threatening, risks for patients who are not aware of the dangers they present. Our lawyers are available to represent clients in cases involving defective hip and knee implants, defibrillators (also known as “pacemakers”), birth control devices (including IUDs), blot clot filters and other medical devices.
Like defective medical devices, defective pharmaceuticals can present potentially-fatal risks for unsuspecting patients. We have handled cases involving drugs prescribed for hormone replacement, osteoporosis, birth control, and other medical purposes.
Common defects in playground equipment include trip and fall hazards, choking hazards, suffocation hazards, crushing hazards, and other dangers that present risks for sudden and severe traumatic injuries. Equipment designed for older children must also be labeled appropriately, and parents whose children were injured on dangerous playgrounds will often have defect claims referred to as “failure to warn.”
Defective appliances can cause fires, electrocutions and a variety of other types of devastating accidents. If someone in your household was injured by a defective appliance, our products liability lawyers can seek just compensation for your medical expenses, loss of income, pain and suffering, and other losses.
Contact a Florida Product Liability Attorney at Searcy Denney for a Free Consultation
If you have questions and would like to speak with an experienced Florida product liability attorney, please contact us to arrange a free, no-obligation consultation. With offices in Tallahassee and West Palm Beach, we represent individuals and families in all of Florida. You can contact us 24/7, so call (800) 780-8607 or request an appointment online now. No recovery, no fee.
I was injured by a product but the product has not been recalled. Can I still file a product liability claim?
Yes. While product manufacturers and the U.S. Consumer Product Safety Commission (CPSC) regularly issue recalls, not all dangerous products are recalled, and many are recalled only after an accident occurs. You can check to see if a product that injured you or a family member has been recalled, but it is far more important to speak with a lawyer who understands Florida product liability laws about your legal rights.
What should I do after being injured by a defective product?
After being injured by a defective product, the most important thing is for you to seek medical attention as soon as possible. Your health needs to be your top priority, and your medical records will also be crucial evidence in your claim for compensation. After a product-related accident, it is also important to:
- Keep the product. Do not attempt to fix it or use it again, and do not throw it away.
- Take photos of your injuries, any physical damage caused by the product and anything else that you think might be potentially relevant to your product liability claim.
- Follow your doctor’s advice (or seek a second opinion if desired).
- Avoid complaining about the product or discussing the accident on social media.
- Contact a product liability lawyer to discuss your legal rights as soon as possible.
Should I participate in a product defect class action lawsuit?
At Searcy Denney, we represent clients individually as well as in mass tort and class action litigation. Participating in a class action can be an efficient way to recover compensation for product-related injuries, but there are a number of factors to consider before deciding which type of case is best for your individual circumstances. During your free initial consultation, we will help you weigh your options and choose the type of case that makes the most sense for you.
How much can I expect to recover in a product liability case?
Each case is unique, and your financial recovery will be determined based upon the extent of your financial and non-financial losses. In product liability cases, injury victims and their loved ones can recover compensation, including:
- Medical expenses
- Out-of-pocket costs
- Loss of income
- Pain and suffering
- Scarring and disfigurement
- Emotional trauma
- Loss of consortium, companionship, society and enjoyment of life
How can I be sure if a product defect is to blame for my (or my loved one’s) injuries?
The only way to be certain that a product defect is to blame for a person’s injuries is to conduct a prompt and thorough investigation. This includes recovering evidence from the scene of the accident (whether that means the roadway, a construction site or your home), hiring appropriate experts to assess the product’s safety, and determining whether any other factors may have played a role in the accident. With decades of experience in products liability and personal injury litigation, we can evaluate all potential sources of compensation for your injuries and help make sure you receive a maximum financial settlement or verdict.