Dangerous or defective products result in the catastrophic injury or death of thousands of consumers each year in Florida and throughout the United States. When a company fails to design or manufacture its products safely and in conformity with applicable standards or fails to adequately warn of foreseeable harm, the results can be tragic. Too often, innocent people are killed or inflicted with debilitating injuries including severe burns, brain injury, quadriplegia, paralysis, amputation, illnesses or other serious harm as the result of a dangerous or defective product. Florida’s product liability laws were created to enable victims of dangerous or defective products to be compensated by those responsible for the harm these products caused.
In Florida, a product is considered defective when it is unreasonably dangerous to the user or consumer. Defective products generally fall into three categories: Design Defects, Manufacturing Defects and Marketing Defects such as improper labeling of a product, inadequate warning or deficient instructions. A product can be rendered defective or harmful if it poses an excessive risk to consumers, fails to warn consumers of any inherent risks, and causes injury with intended usage, uses false marketing claims, contains defective or dangerous packaging, or posts incomplete instructions. Defective products can show up anywhere, but some of the most prominent defective products include:
When a dangerous or defective product causes death or serious injury, the manufacturer, all distributors and the installers may be held liable under Florida’s Product Liability laws. Under this law the injured parties may be entitled to full compensation for resulting medical bills, pain and suffering, lost wages, and more. Product liability cases usually involve a legal theory called strict liability. Under this theory the person injured, or plaintiff, doesn’t have to prove that the manufacturer or seller of a product was negligent or careless in producing or selling it because the manufacturer and seller have a duty to produce and sell a safe product. To have a products liability case, the plaintiff must prove:
Sometimes there is a question of whether the plaintiff was also negligent and therefore contributed to his or her own injury. Florida has adopted a rule of comparative negligence, where the plaintiff can still collect a portion of the damages, even if he or she was partially to blame. For example, if a plaintiff was 20% negligent, he or she can only collect 80% of the damages suffered from the defendants.
Along with medical malpractice, products liability cases are one of the most difficult types of personal injury cases to try and win. The defendants in many product liability cases are major corporations and manufacturers who have the financial and legal resources to combat civil suits with a team of highly experienced attorneys and experts. It can cost hundreds of thousands of dollars to take a case to trial against a major corporation. Few attorneys have the ability, financial resources or motivation to battle a suit of this magnitude. Abbott Law Group, P.A., however, is dedicated to holding even the largest manufacturers fully accountable for the harm that they cause to consumers. The product liability lawyers at Abbott Law Group have successfully litigated many cases where a dangerous or defective product resulted in the death or serious injury of a consumer, product user or bystander. Abbott Law Group received a $9 million jury verdict against General Motors Corp. for a faulty seatbelt in Chevy S-10 pickup truck that came open in a roll-over collision, resulting in the client’s paralysis.
If you or someone you love has suffered harm because of a defective or unreasonably dangerous product, contact the product liability attorneys at Abbott Law Group, P.A. for a free case evaluation to discuss your rights. We know Florida liability laws and we have the ability and resources to hold product manufacturers accountable for the harm they have caused you.