consult
X

Request a Free Consultation

Please fill out the form below and we will be in touch soon.
  • MM slash DD slash YYYY

Blog Home

Injured By a Defective Product in FL: What You Should Do
Posted By:
Category: Uncategorized

 

Injured By a Defective Product in FL: What You Should Do

People depend on a variety of products daily to keep their lives moving forward. Sometimes, those products can be defective and lead to injury. When that happens, the fallout can be devastating for everyone involved.

 

Victims may be entitled to compensation in cases where faulty products cause harm. However, it’s good for everyone to understand what hidden dangers lurk in consumer products, who is liable for injuries that result from defective products, and what you should do if you’ve been injured.

 

Who Is Liable for Defective Products?

 

The biggest question on anyone’s mind that defective products have injured is who is responsible for their injuries. In Florida, three different categories determine who should pay for your injuries.

 

Product Design

 

If a product with a defect in its original design hurts you, it never had a chance of being safe. Even manufactured correctly according to its specifications, it was a dangerous product from its inception and will not perform safely or keep the customer safe in the way they expect, making them very dangerous to consumers.

 

Some examples of products with flawed designs that can injure a person include toys that are too small and are a choking hazard to kids, kitchen appliances that electrocute those who use them or steering wheels of cars that lock while driving. In these cases, the product designer may be responsible for injuries caused by its defective design.

 

Failure to Warn

 

In instances where products are designed and manufactured correctly, there are inadequate warnings about the dangers of their use – or no warnings at all. Also known as marketing defects, these products lack information to ensure they are safe such as plastic bags that can suffocate a person, furniture that can fall if not appropriately affixed to the wall, or chemicals that lack safe handling instructions.

 

Manufacturing Defects

 

A product has a manufacturing defect when designed correctly but incorrectly, which can lead to dangerous situations. Examples include incorrectly assembled furniture, malfunctioning safety locks on car seats, or medication that has become contaminated.

 

Who Is Liable for Defective Products?

 

What Should You Do?

 

If you are injured by a product you believe to be defective, then it’s a good idea to take your concerns to a product liability attorney as soon as possible. They can help determine if your injuries result from a defective product and who may be responsible.

 

Under Florida law, you must file a defective product or product liability claim within four years of the day you were injured or two years if a defective product killed someone and you want to sue for their wrongful death. There may be exceptions to these time limits, but it’s best to consult with an attorney as soon as possible so that the statute of limitations does not run out on you.

 

An attorney can help you to recover compensation for things such as

 

  • Loss of income
  • Medical bills
  • Pain and suffering
  • Emotional trauma
  • Disfigurement or scarring
  • Loss of companionship, enjoyment of life, society, or consortium

Your attorney can further advise you on the types of compensation you can expect to receive.

 

 

About the Author:

Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2022, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2022.

 

Categories
AWARDS & MEMBERSHIPS

AWARDS & MEMBERSHIPS

SUPER LAWYERS

TOP RATED PERSONAL INJURY LAWYER IN DAVIE FL
2011-2023

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

AWARDS & MEMBERSHIPS

SUPER LAWYERS

FLORIDA TOP 100 LAWYERS
2015-2017, 2019-2023

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries.

AWARDS & MEMBERSHIPS

SUPER LAWYERS

MIAMI TOP 100 LAWYERS
2015-2017, 2019-2023

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries.

AWARDS & MEMBERSHIPS

FLORIDA TREND’S

FLORIDA LEGAL ELITE
2011-2023

Now in its 13th year, Florida Legal Elite presents a prestigious roster of attorneys chosen for recognition by their peers.

AWARDS & MEMBERSHIPS

MILLION DOLLAR ADVOCATES FORUM
LIFETIME MEMBER

THE TOP TRIAL LAWYERS IN AMERICA ®

ONE OF THE MOST PRESTIGIOUS GROUPS OF TRIAL LAWYERS IN THE UNITED STATES. MEMBERSHIP IS LIMITED TO ATTORNEYS WHO HAVE WON MILLION AND MULTI-MILLION DOLLAR VERDICTS AND SETTLEMENTS.

AWARDS & MEMBERSHIPS

EXPERTISE

BEST CAR ACCIDENT LAWYERS IN FORT LAUDERDALE
2016-2023

Our goal is to be a hub where qualified experts can connect with people to share their knowledge, experience, and skills.

AWARDS & MEMBERSHIPS

EXPERTISE

BEST PERSONAL INJURY ATTORNEYS IN FORT LAUDERDALE
2016-2023

Our goal is to be a hub where qualified experts can connect with people to share their knowledge, experience, and skills.

AWARDS & MEMBERSHIPS

MARTINDALE-HUBBELL AV PREEMINENT

AV PREEMINENT
2016-2022

For more than 130 years, Martindale-Hubbell has been evaluating attorneys for their strong legal ability and high ethical standards through a Peer Review Rating system. Prior to the 1887 edition of Martindale’s American Law Directory, which was the first publication to provide such ratings to attorneys, there was no way of truly knowing if the lawyer you were considering to do business with was trustworthy, ethical, or skilled in the legal field.

AWARDS & MEMBERSHIPS

AMERICAS TOP 100 HIGH STAKES LITIGATORS

2018-2023

Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is comprised of the nation’s most exceptional trial lawyers for high stakes legal matters. For initial consideration, an attorney must have successfully litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake (i.e. bet-the-company litigation valued in excess of $2,000,000).

AWARDS & MEMBERSHIPS

LAWYERS OF DISTINCTION

LAWYERS OF
DISTINCTION

Lawyers of Distinction members have been selected based upon a review and vetting process from our Selection Committee. After a thorough review of credentials, attorneys are nominated by our Selection Committee. Lawyers do not pay for this nomination. These potential candidates who meet the criteria of our screening process have demonstrated a high degree of peer recognition and professional competence

AWARDS & MEMBERSHIPS

AVVO

TOP ATTORNEY PERSONAL INJURY
10.00
SUPERB

Avvo was founded in Seattle, Washington by tech-savvy lawyer Mark Britton to make legal easier and help people find a lawyer.

AWARDS & MEMBERSHIPS

LEAD COUNSEL

LEAD COUNSEL
RATED

Since 1997, the Lead Counsel Rating has been available for free to attorneys who have demonstrated the following three requirements:

Professional Experience
Peer Recommendations
Spotless Record

REVIEWS

LEAVE US A REVIEW

CASE RESULTS

See More Results