Defective Products Attorney

Have you or a loved one suffered an injury from a defective product? Finding a skilled Boca Raton product liability attorney is essential for getting the compensation you deserve. Product liability, a legal concept, dictates that manufacturers or sellers must compensate individuals for damages or injuries caused by defects in their purchased goods. Navigating this area of law is not straightforward due to its reliance on intricate legal theories of strict liability, negligence, and breach of warranty.

Product liability law can be taxing with regard to litigation for those seeking compensation for injuries caused by defective products.

Choosing a Product Liability Lawyer in Boca Raton

Product liability laws in Florida impose strict liability on manufacturers, requiring them to compensate individuals for injuries caused by defective products sometimes without needing to prove fault or negligence. Understanding product liability law and knowing your rights when injured by a defective product is crucial. Florida’s strict liability laws are designed to protect consumers and hold manufacturers accountable for defective products. If you’ve been injured by a defective product, seeking immediate medical attention, preserving evidence, and contacting a defective product lawyer are critical steps to take.

The defective product attorneys at Gold & Gold, P.A. fully understand Florida law regarding defective product claims and have been representing victims of defective products for more than 40 years. If you or a loved one has been injured by a faulty product, we can help you understand your legal rights regarding fair compensation.

Understanding Product Liability Law in Boca Raton

Florida’s product liability laws aim to safeguard consumers against defective and dangerous products. The law imposes a legal obligation on manufacturers or sellers to compensate individuals for damages or injuries caused by defects in their products. Therefore, if a product you acquired harms you due to a defect, you are legally entitled to pursue compensation.

Strict liability constitutes a key element of product liability law. It makes it easier for consumers to hold companies accountable for injuries caused by their products without having to prove fault or negligence. Under Florida’s strict liability laws, you need to prove that the product is defective and that the defect caused your injuries.

Nevertheless, contending with these corporations and the insurance company can prove to be an intimidating endeavor. They often have powerful legal teams ready to dispute your claims. This is where a Gold & Gold Boca Raton product liability attorney can be of immense help. As legal professionals, they are adept in product liability law, and can guide you through the intricate landscape of defective product lawsuits to help secure the compensation you rightfully deserve.

Types of Defective Products and Common Claims

Defective products that lead to a defective product claim are usually categorized into three types: design defect, manufacturing defect, and failure to warn or marketing defects.

Inherent safety issues within a product’s design constitute design defects, even if the product is manufactured correctly. For example, a toy with removable parts that pose a choking hazard is a design defect. Products with design defects are considered unreasonably dangerous, regardless of how perfectly they are made.

Conversely, manufacturing defects arise when a product is improperly produced, irrespective of its design or manufacturing process. For instance, a radial tire could be considered defective if there is a problem in the manufacturing process that causes a defective bond between the steel belts and rubber, uneven tread wear, bulges or blisters on the tire and separation of the tread from the tire.

A single manufacturing defect can lead to safety hazards and should be addressed by the manufacturer, just as when multiple manufacturing defects occur.

Although a defect in virtually any kind of product can lead to serious injuries, there are several categories that are more frequently the subject of a product liability lawsuit. Examples include:

  • Pharmaceuticals, including prescription and over-the-counter
  • Motor vehicles, including tire blowouts, airbags, seatbelts and automobile rollovers
  • Lawn and power tools
  • Defective medical devices
  • Children’s products, including toys, cribs, car seats and strollers
  • Heavy machinery
  • Household appliances
  • Electrical devices
  • Ladders
  • Recreational vehicles, such as bicycles and ATVs
  • Mislabeled food supplement
  • Toxic substance
  • Unsafe construction equipment or faulty part

Failure to provide an adequate warning/marketing defect makes up the third category of product liability claims. These occur when adequate warnings about the product’s risks are not provided, or the product is marketed for an unapproved use.

Typical claims usually encompass defective vehicle components like malfunctioning ignition switches, flawed medical devices, and hazardous household items. For example, a major car manufacturer once paid compensation to victims due to faulty ignition switches that disabled engine and safety functions, leading to accidents.

Determining Liability for Defective Products

The strict liability laws in Florida simplify the process of holding manufacturers and other entities in the product distribution chain liable for defective products. Under these laws, injured parties do not need to prove negligence or fault, only that the product is defective and caused the injuries.

Furthermore, you do not necessarily have to prove where in the manufacturing process the defect occurred. This advantage facilitates the process of challenging large corporations and securing compensation. If your child was injured by a defective product, you have the option to take legal action against the manufacturer. This could provide compensation for the harm caused.

Nevertheless, bear in mind that large corporations will likely contest a consumer’s defective products claim. They may even try to shift blame onto the victim for their accidents and injuries. For this reason, it’s imperative to retain a seasoned Boca Raton defective product lawyer who can safeguard your rights and advocate for your interests.

How a Boca Raton Product Liability Attorney Can Help You

The Boca Raton personal injury attorneys at Gold & Gold serve as a valuable ally in your quest for justice. We can determine if you’re entitled to compensation after being injured by a defective product and explain how to get reimbursed for your medical bills. We examine the circumstances of your injury and build a strong case to recover compensation. This includes compensation for medical bills, lost wages, and emotional stress and trauma caused by the injury.

A product liability lawyer can:

  • Provide the resources and manpower needed to analyze the product, identify the defect, and investigate the cost and impact of your injuries
  • Guard your rights and advocate for your best interests
  • Employ federal consumer safety regulations to bolster your case

Steps to Take After Being Injured by a Defective Product

If you’re injured by a defective product, seeking immediate medical attention emerges as the foremost and vital step. It’s important to prioritize your health and well-being in such situations. This not only ensures your health and safety but also provides medical records that can serve as crucial evidence in your product liability claim.

Subsequently, preserving evidence becomes crucial. Here are some steps to follow:

  1. Retain the physical product.
  2. Take photographs of the defective item and any injuries it caused.
  3. Keep any packaging, manuals, and receipts, as these can also serve as crucial evidence.

Lastly, it’s essential to report the incident to the appropriate regulatory bodies, like the FDA for food and medications or the National Highway Traffic Safety Administration for vehicle defects. Remember to reach out to a product liability attorney who can assist with this process. They can help preserve your claim and ensure proper handling of settlements and litigation if necessary.

Potential Compensation in Defective Product Claims

In a product liability claim, those injured may qualify for an assortment of compensations. Economic damages, for instance, can cover past and future medical expenses, lost income, and property damage.

Non-economic damages, on the other hand, are harder to quantify but equally significant. They can include compensation for pain and suffering and loss of consortium.

In some cases, punitive damages may also be awarded. These are meant to punish defendants for egregious or intentional wrongdoing and serve as a deterrent for similar behavior in the future.

Relatives who have lost a loved one due to a defective product might also initiate a wrongful death claim on the deceased’s behalf.

Gold & Gold Law Firm for Your Product Liability Claim

Gold & Gold, P.A. product liability attorneys distinguish themselves with a proven history of successfully handling cases on behalf of victims seeking to recover financial compensation from product related injuries. Should you or a loved one sustain injuries from a defective product, don’t hesitate to seek help.