When a consumer is severely injured by a malfunctioning product or one that lacks adequate warning labels, legal action may be necessary to hold the manufacturer responsible and recover financial compensation for the victim.
At Gordon & Doner, our West Palm Beach product liability lawyers are well-versed in the laws that protect consumers against the harm caused by a defective product.
Have you or someone you love suffered an injury or property damage due to a defective product? As a victim, you may be entitled to file a product liability lawsuit for damages you suffered. Contact a product liability lawyer to find out if you are eligible to file a lawsuit.
Common Causes of Product Liability
When a consumer sustains an injury due to a faulty product, a number of parties may be held liable. Additionally, a person or company can be held liable for manufacturing any number of defective products, from faulty medical devices to packaged food that caused food poisoning.
There are three main types of defects that the court uses to evaluate whether a manufacturer or distributor can be held liable for a consumer's injuries.
The most common grounds for filing a product liability lawsuit include:
Advertising defects / Failure to warn – printed marketing materials or product labels lack important information consumers need to use the product safely, such as warnings about potential side effects
Design defects - these are defects that arose when the product was designed
Manufacturing defects – defects that occur during the manufacturing phase, such as during assembly or packaging
Product liability cases can often become quite complex. Manufacturing and design companies often employ teams of insurance defense lawyers to defend their products.
Our West Palm Beach product liability lawyers have your best interests in mind and are here to defend you.
As experienced product liability lawyers, we have a well-earned reputation of fighting for the injured, and not for large firms or corporations. Our skilled team of attorneys have the knowledge and resources to fight for your rights against these large companies.
Types of Product Liability
Product designers, manufacturers and vendors can all contribute to a product-related injury. There are three types of claims a West Palm Beach product liability lawyer may bring forward if you or someone you know was hurt by a faulty product:
Strict Liability – With a strict liability claim, the injured party must prove that a defect exists and injury or illness was sustained as a result of the defect. If it can be proven that the defect exists, the manufacturer may be held strictly liable no matter if they exercised extreme caution when designing, manufacturing or distributing the product.
Negligence – One of the most common types of claims is based on negligence. First, it must be proven that the defendant had a duty to sell a safe product. Second, the consumer must prove the defendant breached this duty. Lastly, it must be proven that the defective product caused injuries. Most commonly, negligence occurs during the design or manufacturing stages. However, it can also occur if a company fails to foresee different or potentially dangerous uses for the product. Negligence can also occur if a company fails to inspect the product sufficiently for side effects.
Breach of warranty – There are two types of warranties—express and implied. Express warranties are explicitly stated by the manufacturer or seller. These types of warranties are usually found in written statements or advertising and demonstrate that no injuries will occur if the product is used properly. An implied warranty is based on the reasonable expectation that a buyer will use the product as intended and the product will work without injuring anyone.
According to the U.S. Consumer Product Safety Commission, each year more than 29 million injuries and thousands of deaths are related to consumer products. Regardless of how the defect occurs, product injuries can cause significant pain, suffering and loss for not only the victim of the injury, but also their families and other dependents.
Contact a West Palm Beach product liability lawyer for a free case evaluation if you have been injured or fallen ill due to a defective or dangerous product.
Examples of Dangerous Products
At the law offices of Gordon & Doner, our highly skilled team of West Palm Beach product liability lawyers are currently accepting clients in a number of defective product cases. We help all injury victims determine if they have sufficient grounds to file a lawsuit for compensation.
Some examples of defective products include:
- Child car seats
- Prescribed medication
- Defective vehicle parts
- Baby cribs
- Medical devices
- Dangerous toys
- Tainted food products
- Over-the-counter medications
Our West Palm Beach product liability lawyers are vigilant in determining when new products are dangerous. If you were recently injured and believe that a specific product caused the injury, call us for a free legal consultation.
Call 1 (855) 722-2552 to find out if you have a case.
About Class Action Lawsuits
In Florida, a product liability lawsuit may be filed as part of a class action or as its own motion. A class action lawsuit may be filed if it is revealed that a large of number of people were injured by the same product and in the same manner. For example, a class action lawsuit may be filed for a prescription drug that caused life-threatening side effects among hundreds of its users. A class action may not be filed when consumers independently suffered severe or unique injuries.
The experienced product liability lawyers at Gordon & Doner can help you determine if you are eligible to file a lawsuit and how to proceed. Our law firm offers free case reviews and works on a contingency fee basis, which means we do not get paid unless we obtain a favorable settlement or verdict on your behalf.
Contact a West Palm Beach Product Liability Lawyer
More often than not, an illness or injury that was caused by a defective product could have been prevented, had the company not acted negligently when designing, manufacturing or distributing the product. The West Palm Beach product liability lawyers at Gordon & Doner strongly believe that makers of defective products should be held accountable for all unethical actions that resulted in harm to consumers.
By employing the services of a competent and experienced product liability lawyer, you can help maximize your chance of being awarded the largest amount of financial compensation you are entitled to receive.
Having obtained favorable verdicts and settlements for hundreds of clients, our attorneys can help guide you past the problems that can arise during a product liability lawsuit, while always having your best intentions at heart.