South Florida Product Liability
When you buy a product or use a prescription medication, you expect it to work as intended. The idea of suffering an injury or complication is likely the furthest thing from your mind. However, you are now injured and unsure of what steps to take. Product manufacturers seem untouchable, so you might think you don’t have any legal recourse.
You can fight back by filing a product liability claim. Dyson Law PLLC has recovered millions of dollars for victims through settlements and jury verdicts. We understand the complexities and nuances of these claims and have the experience and resources to hold manufacturers accountable. With our help, you can recover compensation for medical bills, lost wages, pain and suffering, and more. Along with a monetary reward, your legal claim will protect others who are also at risk when using the product.
Types of Product Liability Claims
Dyson Law PLLC handles all types of product liability claims. Claims are classified into three categories, which are:
- Defective design
- Defective manufacturing process
- Failure to warn
You might be unsure of which category your claim falls into, but Dyson Law PLLC can help. Contact us to review your case, and we will determine if you have a claim.
STRICT LIABILITY AND NEGLIGENCE CLAIMS
Florida courts use the theory of strict liability or negligence in product liability claims. Under the theory of strict liability, you have to prove that the product was defective and caused your injury. You can have a successful claim under strict liability, even if you used the product in a way that the manufacturer didn’t intend.
Negligence is a bit more challenging to prove. You have to provide evidence that shows that the manufacturer was negligent in some way. Negligence can be proven in various ways. For instance, your Delray Beach product liability attorney might discover that the manufacturer was negligent when determining how customers would use the product.
The manufacturer might have been negligent by failing to include proper warnings or not putting the product through adequate testing. Negligence could also be due to a lack of compliance with the laws governing manufacturers in Florida and the United States. Lawyers often combine both strict liability and negligence when making a case.
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Through our years of practice, our team at Dyson Law PLLC has been able to secure outstanding results for many individuals and families who have suffered harm as a result of negligent and wrongful conduct.
COMMON DEFENSES FOR PRODUCT LIABILITY CLAIMS
While some manufacturers immediately settle claims, others mount a defense. Often, the defense comes down to supply chain management. The company claims that it was not responsible for the defective part or component. Your Delray Beach product liability lawyer will trace the supply chain to determine where the defect occurred.
The manufacturer also might state that you altered the product after buying it. If you did alter the product, your attorney needs to examine it to see if the alternations led to the defect or if it was defective at the time of sale. If it was defective at the time of sale, you can fight back and refute the manufacturer’s claim.
WHAT IF YOU DIDN’T PURCHASE THE PRODUCT
You might think that you cannot file a product liability claim in South Florida if you did not purchase the product. However, if you were injured, you can file a claim, even if it was a gift or you borrowed it. The law protects all residents against defective products. That even includes products that you purchased second-hand. As long as the product directly caused the injury, you have a valid claim.
STATUTE OF LIMITATIONS FOR PRODUCT LIABILITY CLAIMS
You have four years from the date of the injury to file a product liability claim. However, Florida reduces the statute of limitations to two years in wrongful death cases. While these are the basic guidelines, the statute of limitations might be extended if you were not immediately aware of the injury. Consult with a Delray Beach product liability attorney to go over the statute of limitations for your case.