We encounter countless numbers of products a day, and unfortunately these products cause thousands of injuries a year. When an individual sustains an injury from a defective product, there are a number of parties that can be held liable. Liability can range from the manufacturer to the individual who assembled or installed the product.
Defective products include a wide variety of things such as medical devices, vehicles, food, and cosmetics. If a defective product has injured you, you should contact legal counsel immediately to learn your rights. Companies must be held to account for selling products that are defective, otherwise dangerous products will flood the market at increasing rates.
Attorney for Product Liability in Miami, FL
Navigating a product liability case without the proper legal counsel is nearly impossible and it can be very intimidating and expensive. By choosing Abrams Justice Trial Attorneys you can rest assured that your case will be handled by tried and tested trial lawyers, who will not hesitate to hold large corporations responsible. Our attorneys are experienced with product liability cases in Florida, and they will work tirelessly on your behalf to ensure that you are not treated unfairly or ignored.
Call us today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free. We proudly server communities in the greater Miami-Dade area including Miami, Homestead, Hialeah, Kendal, Palmetto Bay, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, and Cutler Bay.
Overview of Product Liability in Miami-Dade, FL
Types of Product Defects
If you are injured by a defective product you may be able to file a lawsuit against the wholesaler, distributor, or the manufacturer. If you plan to do so there are three claims you can make. Those claims include design defect, manufacturing defect and warning/labeling defect. A further explanation of each clam is listed below.
Design Defect: This is considered a flaw in the original design that resulted in the product being dangerous and potentially hazardous to the consumer. There are three questions that are asked to determine if a design defect exists. They include the following:
- Was the design dangerous before production?
- Was there reason to believe the product could harm the consumer?
- Could the manufacturer have used another design that would not change the purpose of the product?
Manufacturing Defects: This is the most common cause of product liability claim and is caused by an error in the assembly that is not supposed to be part of the product. This defect only affects a small number of a company’s manufactured goods.
Warning/ Labeling Defects: This mainly deals with prescription medications. A patient may take a certain medication and experience adverse side effects that were not listed by the pharmaceutical company. This can also occur with nearly any type of product, not just medications. It should be noted that manufactures are not required to list every possible risk.
Types of Product Liability Cases
There are products that we use every day and don’t think twice about that have the potential to injure you. From the phone in your pocket to the medicine your doctor recommends, the potential for injury is a serious threat that should not be taken lightly. The following are common products that give rise to product liability claims.
- Drugs and Pharmaceuticals – A product liability claim can arise when medications cause unintended injuries, a warning label must be changed due to inaccurate information about the dangers of the drug, or the drug was manufactured improperly. People can be horrifically injured and die from bad drugs. Some ongoing drug product liability cases include:
- Talcum powder
- Medical Devices – Surgeries that involve medical devices are harrowing on their own and can sometimes include lengthy rehabilitation in addition to excruciating surgery. If a device fails in your body, your life may change forever and what you will have to go through physically, mentally, and financially can be completely debilitating. The following are some medical devices that have major litigations around them.
- Total Hip Replacements
- Transvaginal Mesh
- Hernia Mesh
- Shoulder Replacements
- IVC Filters
- Automotive Parts – Driving in traffic can be a daily cause of concern. One wrong move from another driver can change your life. We often do not think about our own cars being a danger to us but when auto makers are negligent, it can be dangerous for millions of people. Some examples of high profile automotive defects include:
- Takata Airbags
- Firestone Tires
- Consumer Products – Getting a new toy or gadget is supposed to be exciting. Some new devices, however, fail and can fail in extremely dangerous ways. Hundreds of product recalls happen every year. Here are some examples of recent recalls.
- Keurig Coffee Machines – Some defective models can spray boiling liquid onto consumers.
- Samsung Galaxy Note 7 – These cell phones famously spontaneously exploded, injuring and burning buyers.
- Ikea Dressers – Some Ikea dressers were designed with an imbalance that caused them to fall. Two children were killed by Malm dressers that fell on them.
- Hewlett Packard Laptop Power Cords – Hewlett Packard was forced to recall 6 million power cables that were found to be melting and burning causing burns and property damage.
Additional Resources for Product Liability
Florida Product Liability Statute – View full text on Online Sunshine of the Florida Statute that governs how product liability cases are handled in the state. The statute covers what is considered negligence action and the definition of product liability. Online Sunshine is the official Internet site of the Florida legislature.
Recalls.gov – Follow this link to Recalls.gov to view a list of recalls in the county. Some of the recalls can include vehicles, boats, food, medicine and cosmetics. Recalls.gov alerts the American people of defective, hazardous and unsafe products from six federal agencies.
Lawyer for Product Liability in Miami, FL
If you or someone you know has been injured by a faulty product, you should contact Abrams Justice Trial Attorneys as soon as possible. By choosing Abrams Justice Trial Attorneys, you can rest assured that our attorneys will handle your case with trust and diligence.
Call us today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free. We proudly assist clients in Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, and Cutler Bay.