Discuss Your Case With Our Defective Product Lawyers in Miami, FL
Every year, defective and dangerous products cause injuries and illnesses to unsuspecting consumers. When this occurs, the manufacturer or seller of those products can face liability, and the victims can recover compensation.
If you have been injured by a dangerous or defective product, Jurney & De La Grana, P.A. is here to help. We have filed individual and class-action lawsuits against Abbot Laboratories and other negligent sellers and manufacturers across the United States.
Our Miami products liability lawyers proudly represent clients in Miami-Date, Broward, and Palm Beach Counties, and we can represent you, too.
If you need help getting the damages you deserve, please call us at (305) 600-3555 and schedule your free consultation today.
Product liability is the legal liability a manufacturer or trader incurs for producing or selling a faulty product. The term can also refer to the laws and field of law that hold manufacturers, distributors, suppliers, retailers, and others who put defective products on the market responsible for the injuries and illnesses those products cause.
Finally, the 2021 Florida Statutes define a products liability action as “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.”
Who Is Liable for My Injuries?
Florida adopted strict liability for products liability cases in 1976. If you can prove that a defect was present in the product, the manufacturer is automatically liable for any injuries or illnesses that occur because of the defect.
You can also bring a products liability case using negligence, which may be appropriate if a seller carelessly sold you a recalled product or otherwise caused harm by act or omission.
Finally, you can use a breach of warranty or implied warranty to file a products liability lawsuit. The seller may have expressly promised that a product would perform a certain way, or the manufacturer could have violated the implied warranty of merchantability, which is an implied promise or guarantee that the product you purchased is not defective.
Your Miami products liability attorney can help you choose the correct cause of action and hold the appropriate party (or parties) liable for your damages.
There are 3 main types of defective product cases – defectively designed products, defectively manufactured products, and failure to warn.
Defectively designed products are inherently dangerous or defective. Examples of design defects may include:
- A make and model of vehicle that is extremely prone to rolling over
- A line of electric blankets that catches fire when turned on high
- An improperly designed safety guard on a power tool that fails to prevent injuries
- Structurally unstable furniture
- Unreasonably flammable clothing
Defectively manufactured products are flawed because of an error that occurred during the manufacturing process. Defective manufacturing is common when manufacturers use cheap materials or rush while putting projects together. Examples of manufacturing defects may include:
- Contamination (in food, beverages, cosmetics, or medicine)
- Improperly installed electrical wiring
- Sharp edges left exposed
- Incorrectly attached parts
- Inadequate assembly
- Using the wrong bolts or fasteners
- Manufacturing with an unsafe, unstable, or inferior material
- Missing crucial components (i.e., a bicycle built without brakes)
- Damaged components (i.e., a swing set with a cracked chain)
Defectively manufactured products are the most common type of defective products case.
Other defective products cases happen when manufacturers or traders fail to provide adequate warnings or instructions. In this type of claim, the product is dangerous that some way that is not obvious to the user or requires certain precautions to use safely.
Examples of failure to warn claims may include:
- A medication without a list of possible side effects or drug interactions
- A cleaning chemical without instructions for safe handling and use
- A space heater that does not warn consumers about its risk of overheating
If you want to sue a manufacturer, seller, or another party for defective design, defective manufacturing, or failure to warn, you will need to choose the correct cause of action.
By filing a lawsuit under one of the legal theories we discussed above, you can pursue compensation. Your lawyer will investigate your case and help you prove defects and/or liability. You may be eligible to recover economic damages (money to help with measurable expenses like medical bills and missed wages), non-economic damages (compensation to account for non-measurable expenses like pain and suffering), and punitive damages (money taken from the manufacturer designed to punish them for selling a defective product).
Many products liability cases become class-action lawsuits because many people receive similar injuries from the same defective products.
Jurney & De La Grana, P.A. can help you file an individual products liability claim or join a class-action lawsuit to pursue compensation. We work with top experts, specialists, and investigators to make your case as strong as possible, and each case receives our undivided attention.
When you choose us, none of your questions will go unanswered and your legal team will always stay in touch with you.
“Professional, attentive and client driven. Fantastic service”- Diana C.