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Our Florida product liability lawyers handle personal injury and wrongful death claims caused by defective or bad products, medical devices and medications. If you or a loved one was injured by a product, medical device or medication, call one of our Florida product liability attorney today for a free consultation at 800-337-7755.
Florida Product Liability Lawyer - Ft Lauderdale Consumer Product Injury Attorney - Orlando Product Injury Claim
It's always a FREE consultation! We are also often open late, and on weekends and holidays to speak with you about your potential product liability injury case. Complete the form below or call a product injury attorney at the Law Offices of Jason Turchin now at 800-337-7755 to discuss your injury claim .
FLORIDA PRODUCT LIABILITY ATTORNEYS
Our Product Liability Attorneys represent those injured or killed by products, medical devices and medication.
Under Florida law, a “Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. Product liability also includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product.
We handle many types of product liability claims, including those involving medications, medical devices, cars that cause increased injury or death than the accident should have caused, and consumer products, like baby products, pressure cookers, wrist bands that cut into skin, and other products which cause injury or death to the user or those in the area around the product.
Product Liability Claims We Are Investigating
Power Pressure Cooker XL
The Power Pressure Cooker XL is made by Tristar Products. Our pressure cooker lawyers have handled many cases against Tristar for pressure cooker injuries. Some common complaints from victims are that the pressure cooker was still pressurized when they opened the lid, causing scalding hot liquid to fly out and burn them. The cooker should have a safety lock preventing these types of incidents from occurring. Some victims found that the cooker appeared to be done and steam stopped coming out of the valve, when in fact it was pressurized and waiting to explode.
Jeep Exploding Airbags Without An Accident
Our office has handled claims for several victims who alleged that their Jeep's airbags exploded without an accident. If you sustained burns, fractures or any other injury caused by a Jeep airbag deployment without an accident, you could be entitled to compensation for your injuries.
If you were severely injured or a loved one was killed in an automobile accident, we can investigate to determine whether any defect in the design or manufacture of the vehicle caused or contributed to the victim's injuries. Some vehicles are not sufficiently crashworthy and can do more harm than good. There have been reports of ignition switches which shut off a vehicle during driving, airbags which shoot shrapnel, seats which collapse during a crash, parts of the steering wheel which detach during impact, seat belt failure, tire failure, and other complaints.
If you or a child was injured by a consumer product, you may have a claim for product liability. We've handled claims from injuries caused by defective hair dryers, phone cases, scooters, Segway devices, hair dye, strollers, and many other appliances, electronics and other consumer products.
Breast Implant Breast Cancer
The FDA is investigating a possible link between certain breast implants anaplastic large-cell lymphoma (ALCL). If you had breast implants and were diagnosed with this type of breast cancer, call our office today. We are investiging these claims to see whether a defective breast implant caused or contributed to the cancer. Some reported symptoms include fever, backache, loss of appetite, swelling of lymph nodes, and fatigue.
Hernia Mesh Lawsuits
Several types of hernia mesh have been found to cause additional injury as a result of possible defect. The mesh could migrate or cause obstruction, leading to additional surgeries. If you had any complications from hernia mesh, contact our hernia mesh attorneys to see if you have a claim.
Child and Infant Products
Over the years, we've handled many product liability claims on behalf of families whose child was injured as a result of the product. If your child was injured because of an issue with a toy, stroller, car seat, child swing, playground, or other child product, you may have a product liability claim.
If you or a child was injured as a result of a defective water cooler, you may have a product liability claim. Water coolers that are not designed properly or may be defective could tip over, or could have a spout break off, causing hot liquid to burn the child or user.
Florida's Product Liability Laws
There are several claims that could be made against a company if you are injured by a defective product. Most claims for product liability are based in strict negligence, and may include claims for breach of warranty, negligence and other consumer protection statutes. Some of the common claims include:
Defective Design of a Product
A claim based on defective design is where it is alleged that the design of the product made the product dangerous. That is, as stated in the Restatement (Third) of Torts: Products Liability, a product is defective in design “when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design” and its omission “renders the product not reasonably safe.” Id. at § 2(b). Additionally, a product may be considered defective “when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings” and their omission “renders the product not reasonably safe."
Defective Manufacture of a Product
A defective manufacture claim is based on the allegation that the product was defective because of some issue when it was being manufactured. An example is where it was alleged that Takata airbags used a specific chemical compound in their airbag inflators to blow up the airbag after a crash. The chemical may have been exposed to moisture during manufacturing, which could have changed the chemical composition of the explosive, making it more volatile. The allegation is that an issue with the manufacturing itself caused the injuries.
Failure to Warn
Under Florida law, a defendant is generally liable if it knowingly placed a dangerous product on the market, the dangerous condition of which is unnoticeable, and failed to properly warn of the dangerous condition.
Comparing Fault of Parties
Juries are permitted to apportion fault between multiple defendants in a Florida product liability claim. Under Florida law, in a products liability action alleging that injuries received by a claimant in an accident were enhanced by a defective product, the trier of fact, whether it is the judge or jury, must consider the fault of all persons who contributed to the accident when apportioning fault between or among them. The jury shall be appropriately instructed by the trial judge on the apportionment of fault in products liability actions where there are allegations that the injuries received by the claimant in an accident were enhanced by a defective product.
TIME TO BRING A PRODUCT LIABILITY CLAIM IN FLORIDA
Most claims for product liability must generally be brought within 4 years from the date the injury occurred or was discovered. Florida has 2 time limits which may apply - Statute of Limitations and Statute of Repose. Under a Statute of Limitations, the law limits how long you could bring a claim. For wrongful death claims in Florida, the time is usually 2 years. For personal injury, it is usually 4 years. An action for products liability must typically be filed within the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence.
Florida also has a Statute of Repose for product liability claims. Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.
Florida Statutes also provide that all products, except those below, are conclusively presumed to have an expected useful life of 10 years or less.
1. Aircraft used in commercial or contract carrying of passengers or freight, vessels of more than 100 gross tons, railroad equipment used in commercial or contract carrying of passengers or freight, and improvements to real property, including elevators and escalators, are not subject to the statute of repose provided within this subsection.
2. Any product not listed in subparagraph 1., which the manufacturer specifically warranted, through express representation or labeling, as having an expected useful life exceeding 10 years, has an expected useful life commensurate with the time period indicated by the warranty or label. Under such circumstances, no action for products liability may be brought after the expected useful life of the product, or more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product, whichever is later.
3. With regard to those products listed in subparagraph 1., except for escalators, elevators, and improvements to real property, no action for products liability may be brought more than 20 years after delivery of the product to its first purchaser or lessor who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. However, if the manufacturer specifically warranted, through express representation or labeling, that the product has an expected useful life exceeding 20 years, the repose period shall be the time period warranted in representations or label.
Florida law also provides some exceptions to the Statute of Repose. For example, the repose period provided above may not apply if the claimant was exposed to or used the product within the repose period, but an injury caused by such exposure or use did not manifest itself until after expiration of the repose period.
To protect consumers, Florida law also provides that the repose period may be tolled for any period during which the manufacturer through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged by the claimant and took affirmative steps to conceal the defect. Any claim of concealment under this section shall be made with specificity and must be based upon substantial factual and legal support.
WHAT CAN YOU RECOVER IN A PRODUCT LIABILITY CLAIM?
The types of compensation you can recover depends on your damage and injuries. Typically, a victim of a defective product may be entitled to recover:
Pain and suffering
Past medical expenses
Future medical care
Loss of earning capacity
Out of pocket expenses
There may be other damages the victim may also be entitled to recover, depending on the facts of the claim.
If you need a Florida Product Liability Attorney, call a product liability attorney at the Law Offices of Jason Turchin today at 800-337-7755 for a free consultation. We are open late and on call to speak with you about your potential product liability case.