When a defective or malfunctioning product kills or injures a consumer, the victim or his or her loved ones may be able to file a product liability lawsuit against the manufacturer or designer of the product.
However, these cases involve complex laws that are difficult to understand and apply unless you have experience with these cases. This is why it is so important to contact a trusted Stuart product liability lawyer who can manage your claim and pursue the compensation you are entitled for your injuries.
The experienced product liability attorneys in Stuart at Gordon & Doner have handled a variety of defective product cases. We know how to conduct a detailed investigation and have an in-depth understanding of the variety of laws that apply to these cases. We want you to have all of the compensation you deserve so you can afford the medical treatment you need, along with other expenses created by your injury. We take cases on a contingency fee basis, so there is no upfront fee for your initial consultation and we do not charge legal fees unless you receive compensation.
Types of Product Liability Cases
Some common examples of defective products that can cause injuries to consumers include:
- Child car seats
- Children's toys
- Over-the-counter medications
- Food products that were tainted
- Personal hygiene products
- Tools, particularly power tools
Florida Statutes 768.81 lists several types of defects that could give you grounds to file a product liability claim to recover damages, including defects in:
The three main types of defects that give rise to Stuart product liability claims include:
A defectively designed product is one that was designed in such a way that it is unreasonably dangerous for consumers. This means that the product designer should have known the product created an unreasonable danger even if it was used correctly by the consumer.
An example of a defective design could be a metal fan with a guard meant to protect consumers' hands from the blades of the fan. If the openings in the guard are too wide, it creates an unreasonable risk of a consumer's hands slipping through the opening and getting injured.
In this type of case, your Stuart product liability lawyer might argue that the designer should have known the gaps in the guard should have been smaller to lower the risk of injury to consumers.
These are defects that were created during the manufacturing or packaging of the product. In other words, some sort of error or oversight during the creation of the product caused it to become dangerous for consumers.
There are many types of manufacturing defects. For example, a product could be missing certain parts that hold it together or prevent consumers from coming into contact with high voltage electric current.
In a manufacturing defect case, a product liability attorney in Stuart would need to show that the defect was created while the product was with the manufacturer.
Failure to Warn
These types of claims allege that the manufacturer failed to provide adequate warnings about the dangers of the product. This could include a warning label or statements in product advertising about the dangers of the product.
Warnings and instructions should tell product users how to safely use the product for its intended purpose and avoid injury. These warnings should let users know about dangers they could may not foresee on their own.
The product liability lawyers in Stuart at our firm have detailed knowledge about how to build a case alleging any of these three types of product defects.
Contact our firm today for a free, no obligation legal consultation.
How a Stuart Product Liability Lawyer Can Help You
There are several ways an attorney can help you pursue your product liability case. For example, an attorney can:
Thoroughly Investigate Your Claim
Our Stuart product liability attorneys want to build a strong case to help us obtain the compensation you deserve. That is why we will thoroughly investigate the important aspects of your claim, including:
- Your injuries
- How your injuries affect you on a daily basis
- Warnings and instructions on the product or its packaging
- Other injuries caused by this product
- Other complaints about the safety of the product
- Research on the dangers of the product
- The approval process that allowed the product to go on the market
Determine an Accurate Valuation of Your Claim
Our skilled Stuart product liability lawyers want you to have all of the compensation you deserve as you attempt to recover from your injuries. That is why we will carefully review all the damages you have suffered to get an accurate valuation of your claim.
We will collect your medical records and possibly consult experts to determine the severity of your injuries. This will help us to determine all of the non-economic forms of compensation you deserve, such as:
- Pain and suffering
- Loss of enjoyment of life and leisure activities
- Permanent disability
- Loss of companionship
We will also help you gather receipts and bills for other expenses from your injury, including medical bills, property damage and lost income.
Many cases are resolved before entering the courtroom through a settlement. The Stuart product liability lawyers at Gordon & Doner are prepared to negotiate for compensation to resolve your claim.
However, we will not accept less compensation than you deserve. We are veterans of the negotiating process and know when to counter offer or walk away to help secure the compensation you deserve.
If our Stuart product liability attorneys cannot obtain what you deserve, we will be fully prepared to go to trial and achieve the justice and compensation you deserve.
Contact a product liability lawyer in Stuart today by calling 1 (855) 722-2552.
Proving Your Case
There are three legal theories your Stuart product liability attorney can assert to hold the product manufacturer liable for your injuries:
In these types of claims, all your product liability lawyer in Stuart needs to show is that there was a defect and it caused you to suffer an injury. This means your lawyer does not have to prove that the manufacturer was negligent when designing, manufacturing or distributing the product.
This is a much lower burden of proof than a negligence claim. A manufacturer could be held liable even if it exercised extreme caution when designing, manufacturing or distributing the product.
In some cases, your Stuart product liability attorney may not even need to prove there is a defect. He or she will only need to show that the product was used in the way it was intended and it still caused an injury.
In this type of case, your product liability attorney in Stuart needs to prove four things to have a chance of success:
- The product was defective – The product could be defectively designed or manufactured or there could be a failure to warn about the dangers of using the product. Releasing a defective product establishes a violation of the duty of care, which is a legal obligation to take reasonable steps to prevent harm to others.
- The product was used as intended – This means you used the product in the way the manufacturer intended for it to be used. If you were using the product in a way that was not intended or that could not have reasonably been foreseen by the manufacturer, it likely will not be held liable. However, in some claims, our Stuart product liability lawyers will attempt to show that your use of the product should have been foreseen by the manufacturer.
- The defect was the proximate cause of your injuries – This means there must be a causal connection between the defect and your injury.
- Your injuries caused damages – This could include medical bills, lost wages, pain and suffering, and a variety of other damages.
Breach of Warranty
The two types of warranties in product liability claims are express and implied warranties:
Express warranty – This type of warranty is explicitly stated in written statements or advertising of the product. These statements create an expectation with the product user that no injuries will occur if the product is used as instructed.
Implied warranty – This warranty isn't explicitly stated. It is a reasonable expectation that if someone uses a product as it is intended to be used, it will work as it was intended and not cause injuries.
However, implied warranties can be excluded in some situations, according to Florida Statutes 672.316:
- If you enter into a contract to buy a product and it includes phrases like "as is" or "with all faults," there is no implied warranty. This is because these statements call your attention to the exclusion of the warranty.
- If you examine the product or refuse to examine before entering into a contract to take ownership of it, there is no implied warranty because the defects should have been revealed to you when you inspected the product.
In these types cases, your attorney will need to prove that the express or implied warranty existed and you still suffered an injury even though you used the product as instructed.
Schedule a free, no obligation legal consultation with our Stuart product liability lawyers today so we can review your legal options.
Call 1 (855) 722-2552 right away.
When Should I Contact a Stuart Product Liability Lawyer?
You should always contact an Stuart product liability attorney as soon as possible after being injured in any type of accident, or by a defective product. There are deadlines for pursuing claims called statutes of limitations, and once these deadlines pass, you will be unable to pursue a claim.
There are two statutes of limitations for defective product claims. If you suffer an injury, you must file a claim within four years of the date of your injury. If a loved one is killed by a defective product, you have two years from the date of death to file a wrongful death action.
Once these statutes of limitations pass, you will be unable to file a claim and will lose possibly your only opportunity to pursue compensation for the damages you have suffered.
You might think these deadlines give you a lot of time, but building a strong case takes time. The longer you wait, the more difficult it becomes to build a case and file your lawsuit before the deadline.
Complete a Free Case Evaluation form today.
Contact an Experienced Attorney for a Free Consultation
If you were injured by a defective product, contact one of our Stuart product liability lawyers right away for a free, no obligation consultation. The manufacturer may be responsible for the damages you have suffered because of a design or manufacturing defect or a failure to properly warn about the dangers of the product.
We take cases on contingency, so you will not be charged legal fees unless we recover compensation. We are committed to carefully reviewing your damages to determine an accurate valuation of your claim. We know how valuable compensation can be as you attempt to move forward after an unexpected injury.
Call our Stuart product liability lawyers right now at 1 (855) 722-2552.