Are you a resident of Fort Lauderdale, Florida, who was injured by a defective product? If so, you may be able to recover compensation. The Fort Lauderdale product liability lawyers at Hollander Law Firm Accident Injury Lawyers. will fight to maximize your compensation.
For over 25 years, Hollander Law Firm Accident Injury Lawyers has been handling product liability cases for injury victims like you. Contact our law office today at (954) 287-0566 to schedule a free consultation if you need a product liability lawyer in Fort Lauderdale.
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How Hollander Law Firm Accident Injury Lawyers Can Help After an Injury Caused by a Defective Product
Consumers should be able to rely on the safety of products they purchase in stores and online. Sometimes, manufacturers fail to ensure the safety of their products. In these cases, they can be held liable for the injuries caused by their defective products.
The Fort Lauderdale personal injury attorneys at Hollander Law Firm Accident Injury Lawyers have years of experience handling product liability lawsuits. We can help you recover the compensation you deserve.
We know you have choices when you decide to enter an attorney-client relationship. You can expect seamless service when you hire Hollander Law Firm Accident Injury Lawyers to handle your catastrophic injury or wrongful death claim relating to a product with a manufacturing defect.
We offer our clients:
- Total case management. We handle all aspects of your product liability lawsuit. That includes dealing with insurance companies, gathering evidence, and communicating with the courts. You can focus on your physical recovery while we focus on your financial recovery.
- Full and complete investigation. We conduct a full investigation of each case we handle, especially product liability cases.
- Expert analysis and evaluation. We work with South Florida’s leading experts to evaluate the manufacturing defect that caused a client’s injury.
- Zealous defense against unfair accusations of blame. Insurance companies can pay out less compensation if they pin some of the blame on the injury victim. We are always prepared to defend our clients against unfair accusations of blame.
Our Fort Lauderdale product liability lawyers have recovered millions for our injured clients. Call our law office today to schedule a free consultation with a personal injury attorney at Hollander Law Firm Accident Injury Lawyers
When Can I Pursue a Product Liability Claim?
There are three categories of product liability claims:
- Design defect
- Manufacturing defect
- Marketing defect (also known as failure-to-warn)
Product manufacturers, distributors, and sellers of products have a duty to deliver products free from defects that can cause harm. When a dangerous product causes injuries, product liability law allows an injured party to hold these entities accountable for their damages.
Our Florida product liability lawyers are familiar with all types of product liability claims. We can explain these different claims so our clients understand what causes of action they may have for their injuries.
What is a Design Defect Under Florida’s Product Liability Law?
A design defect is a flaw in the way a product is designed, which makes the product unreasonably dangerous. In design defect cases, the product is manufactured according to the design specifications.
Because the design has a flaw, every product created as designed will be flawed. In other words, all of the products created by the same design will have the same defect.
What is a Manufacturing Defect Under Florida’s Product Liability Law?
Unlike design defects, which are consistent across all products of the same design, manufacturing defects occur in a single product or a batch of products. These defects occur during the manufacturing of the product and are caused by a deviation from its design.
Manufacturers attempt to prevent these kinds of defects with quality-control measures. But quality assurance tests are not conducted on every single product. Since manufacturing defects occur in less than all of the products, they can be difficult for manufacturers to catch.
What is a Marketing Defect Under Florida’s Product Liability Law?
Marketing defect cases are also called failure-to-warn cases. A manufacturer must place a warning label on a product when its use could create a serious risk of harm even though it is manufactured and designed properly.
A manufacturer’s failure to warn of or provide proper instructions concerning a product’s risk of injury could be liable for a marketing defect.
Some classic examples of marketing defects include:
- Missing instructions
- Erroneous instructions
- Insufficient warning labels
Product instructions should be clear and concise to avoid a marketing defect. Warnings of any potential risk of harm should be attached to the product or included on a product label. You may have seen these warnings on hair dryers, pressure cookers, or other small household appliances with foreseeable risks.
Hollander Law Firm Accident Injury Lawyers Represents South Florida Clients in All Product Liability Cases
Any product can be defective, leading to a product liability claim.
Hollander Law Firm Accident Injury Lawyers handles all types of product liability cases, including those related to:
- Harmful medications
- Faulty surgery robots
- Defective hip implants
- Pesticides and household chemicals
- Tools and appliances
- Vehicles and vehicle safety equipment
- Dangerous chemicals in beauty products
Our experienced Fort Lauderdale product liability attorneys can help you prove your case and recover the compensation you deserve if a defective product has injured you.
What Damages Are Available in a Fort Lauderdale Product Liability Case?
At Hollander Law Firm Accident Injury Lawyers we feel it is important for clients to understand what is meant by the “compensation you deserve.” This financial compensation, called damages, is intended to make an injured person whole again.
This compensation scheme recognizes that, in many cases, injury victims may never truly be the same as they were before an injury.
Losses that can be recovered in a product liability case include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Expenses for physical therapy, rehabilitation, or long-term care
- Pain and suffering
- Emotional distress
- Loss of quality of life
Some damages are more easily quantifiable than others. For example, documents will show the total cost of medical expenses.
On the other hand, non-economic damages, like pain and suffering, are calculated based on how significantly they have changed an injury victim’s life. At Hollander Law Firm Accident Injury Lawyers, we work with respected financial experts to properly value our clients’ damages.
After we accurately quantify damages, we begin negotiating the best available settlement for our clients. If a favorable settlement cannot be reached, we prepare to take your Fort Lauderdale product liability case to court.
What If the Manufacturer Claims the Injury is My Fault?
Most product liability cases in Florida involve strict liability, not negligence. This means a manufacturer is responsible for injuries caused by defective products no matter how carefully a product is designed, made, and marketed. You do not have to prove they were negligent.
The manufacturer can be held liable financially for your injuries and related expenses as long as you were using the product as intended or in a reasonably foreseeable way when you were injured.
But if you try to claim damages based on the manufacturer’s or retailer’s negligence, your contributions to your accident can impact your recovery. In these cases, Florida’s modified comparative negligence rules would apply. If your share of the blame is 50% or less, your compensation would be reduced in direct proportion to your degree of negligence. However, you’ll be prevented from recovering compensation if you are 50% or more at fault.
Comparative negligence claims are most often asserted in manufacturing defect and failure-to-warn cases. In these cases, the manufacturer believes the design was safe and the warning labels were reasonable. The manufacturers may argue that you were responsible since the design was safe and the warning labels were sufficient. Usually, the injured party is accused of using the product in an unintended or unusually dangerous way.
The elite product liability lawyers at Hollander Law Firm Accident Injury Lawyers will help you frame the facts of your case in a way that protects you from accusations of blame and maximizes your potential recovery.
How Long Do You Have to File a Product Liability Case in Florida?
Under Florida’s statute of limitations, an injured party can file a lawsuit based on strict liability for up to four years after the injury occurs. Failure to file the lawsuit by the end of the four-year deadline will forever bar recovery of financial compensation.
However, note that negligence-based claims in Florida are now subject to a two-year deadline. It used to be four years, but the state revised its law, effective March 24, 2023. Thus, if your product liability accident occurred after that date, you’ll have two years to file a negligence claim.
Our Fort Lauderdale product liability lawyers will ensure that your case is filed on time.
One or more expert witnesses are usually required to establish a product’s defect in a product liability case. It can take time to find the best expert for the job and to investigate your claim. You should make efforts to establish an attorney-client relationship as soon as possible after your injury.
Contact Our Fort Lauderdale Product Liability Lawyers Now
After an injury, it is critical to seek medical treatment first. Then, once you have had your initial medical evaluation and treatment, we recommend establishing an attorney-client relationship.
Our experienced Fort Lauderdale product liability lawyers are ready to help you navigate your case. Our goal is to get you the compensation you deserve. Call or complete our contact form today.
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