We bring the fight to the defense by aggressively litigating claims – and insurance companies know this.
Americans are consumers, and proudly so. We are a capitalist society and have access to all kinds of amazing products. The downside to this abundance, however, is that dangerous and defective products sometimes make it onto store shelves before the hazards become apparent.
Product manufacturers and retailers are ultimately responsible for ensuring that their products are safe and reliable. When they fail and their products injure or kill consumers, these parties deserve to be held legally liable.
25+ Years Of Experience
At Scott Marshall Injury Attorneys, our defective product attorneys proudly represent clients in Florida who have been harmed (or worse) because of manufacturer or retailer negligence.
We bring over 25 years of experience to each case, and focus on helping you recover the compensation you deserve. We are proud to be the product liability lawyers Florida residents know and trust.
Steps to Take After an Injury
After suffering injuries due to a defective product, the most important thing to do is seek competent medical care for your injuries. Medical providers should evaluate your symptoms and conduct thorough examinations to determine the extent of your injuries. They should then create a treatment plan for you. This documentation will be foundational should you choose to pursue a personal injury claim against the manufacturer or retailer for compensation. While you will need to use your medical insurance and pay required copays or deductibles, your claim for damages should encompass all your out-of-pocket medical expenses.
If the product in question was subject to a recall, this can also be an important element of your claim, as it indicates the manufacturer was aware of some problem with the product. You can search online for product recalls using www.recalls.gov, a site maintained by the federal government.
It is also a good idea to consult with a product liability law firm. An experienced attorney can evaluate the situation, provide an assessment of the relative merits of your case should you choose to pursue a claim against the responsible party, and give you information about the process and timelines. With this information, you can make informed decisions about how to proceed.
Understanding The Different Types Of Product Dangers
There are essentially three ways in which a product can be dangerously faulty. They include defects in design, manufacturing or marketing of the product.
Design defect – This refers to a defect in the actual design of the product that results in an unreasonably dangerous condition. This is a defect in the original idea behind how to make the product, not the way it was made; therefore, it usually involves every copy of the product made by the manufacturer. One example would be a laptop that didn’t include proper ventilation and cooling fans. As a result, the laptop is likely to overheat and catch fire, which could lead to severe burns on the thighs, abdomen, hands and wrists. Accident victims may also suffer damaged lungs from smoke inhalation. This type of defective product injury could even result in death.
Manufacturing defect – A manufacturing defect is a defect in the assembly of individual units of a product. This typically affects only a portion of the products made. Some examples include tainted over-the-counter medicines or bicycles with weak frame welds. In the case of tainted medicine, victims may suffer severe allergic reactions and internal trauma. Unfortunately, some tainted medications have proven fatal. Someone using a bicycle with a weak frame weld could suffer broken bones, fractures, dislocations and other severe bodily harm.
Marketing defect (failure to warn and improper instruction) – Sometimes a product is dangerous in a way that is not obvious to a consumer. Warning labels serve an important purpose by instructing consumers in the proper use of products and in warning them of potential risks and hazards. If a company fails in this regard, it may be liable for any resulting injury or death. An example would be a toxic household cleaning chemical that didn’t warn consumers to use only in a well-ventilated area, causing some consumers to suffer lung or brain damage.
We Can Help – Contact Us To Discuss Your Case
If you’ve been seriously injured by or lost a loved one to a dangerous and defective product, you deserve answers and the opportunity to hold the negligent parties accountable. Scott Marshall Injury Attorneys, a trusted Florida defective product law firm, is here to help.
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What types of products do Florida’s product liability laws cover?
Florida’s product liability laws are designed to protect the Sunshine State’s residents, and to hold product manufacturers and retailers responsible for their goods. As a result, coverage is broad, encompassing all types of consumer goods, toys, motor vehicles, medications and medical devices, tools and more. In fact, nearly any product made by a manufacturer and available to public consumers in Florida is subject to the state’s laws. If a consumer is injured or killed by such a product, he or she has legal recourse to pursue damages.
It is worth noting that a product that functions the way it is intended to function, and which does not cause injuries, is not subject to Florida’s product liability protections.
Do I have rights if I was injured by an old or expired product?
You may still have legal rights to compensation, even if you suffered injuries after using an old product. Consulting with knowledgeable product liability attorneys is the best way to evaluate your case and determine your next steps. In the case of an expired product, for which the packaging included a “use by” or other expiration date, you will likely not be able to pursue damages against the manufacturer. An expiration date is designed to function as a warning to consumers, putting them on notice that the passage of time may impact the product’s usefulness or its potential side effects.
Is there a time limit to file my defective product claim in Florida?
Yes. Florida law includes a “statute of limitations,” which functions as a time limit for pursuing defective product claims against manufacturers or retailers. After March 24 2023, injured victims have up to two years to file lawsuits. Other time limits and considerations may apply, depending on the circumstances. The best course of action is to consult with lawyers for defective products as soon as possible, so you can understand your rights and applicable time limitations.