Each of us uses all types of products every day. Many of those products can be harmful under certain circumstances. Product liability law provides a mechanism to hold manufacturers and others in the supply chain accountable when a product causes a consumer harm.
If you or a family member was harmed because a product was dangerous or defective, contact a Kissimmee product liability lawyer at Colling Gilbert Wright. We are the personal injury attorneys other local legal professionals turn to when they need representation in a personal injury case.
Almost Any Product Could Cause an Injury
Several US government agencies oversee the safety of products sold on the domestic market. The products must be reasonably safe for their intended use and other, reasonably anticipated uses. Unfortunately, not every product can be thoroughly tested, and sometimes errors in manufacturing or shipping render an otherwise safe product hazardous.
Nearly any product can do harm in specific circumstances. Just a few examples of products that have caused significant injuries leading to lawsuits include:
- Faulty building materials
- Defective components in motor vehicles
- Flammable children’s clothing and bedding
- Exploding household appliances
- Toys that present choking hazards
- Malfunctioning medical devices
- Defective machinery
Major lawsuits against tobacco companies, asbestos manufacturers, and many dangerous prescription medicines are also based on product liability.
Our Kissimmee attorneys have extensive experience with product liability cases of all kinds and have achieved remarkable success. We have obtained several multi-million dollar settlements and verdicts for our clients who were injured or killed by defective products.
How Do You Prove That a Product Is Defective?
Sometimes, there is evidence that someone involved in bringing a product to market was negligent. Negligence means failing to use reasonable care to ensure the product will be safe for normal, anticipated use. Product liability lawsuits often include a claim that a defendant was negligent and their negligence caused you harm.
Florida law also allows you to hold manufacturers, distributors, and even retailers strictly liable for selling defective products. Strict liability means that you do not have to prove that they did anything wrong or were negligent. Your Kissimmee lawyer only needs to prove that the product was defective and the defect was the direct cause of your injury to make the parties in the supply chain responsible for compensating you for your injuries.
However, proving the product was defective requires substantial resources and legal skills. There are three pathways to legally demonstrating that a product is defective.
Design Flaw
You can prove that the product’s design led to an unreasonably dangerous item. To prove the design was flawed, you must show that an economically feasible, similarly effective design was possible and that the alternate design would not have produced a dangerous product.
Manufacturing Error
Problems with materials or malfunctions on the production line can produce a batch or run of the product that is unsafe for use. You must identify the error and show how it affected the product.
Inadequate Warning
A product is legally defective when its label does not provide adequate instructions for using the product safely. Similarly, a label that fails to warn about known hazards of the product can also render the product defective.
What Is the Legal Time Limit?
The state sets time limits for filing lawsuits, and the timeframe depends on the type of claim. When you claim someone was responsible for injuries you suffered and should pay compensation, you must file the lawsuit within two years of the injury. If the injury was not immediately apparent, you can file a lawsuit within two years of its discovery.
However, product liability lawsuits are also subject to an additional restriction called a statute of repose. Florida Statutes § 95.031 requires that you file a lawsuit within 12 years after the defective product left the manufacturer, regardless of when you are injured.
Some products with a longer expected lifespan have a longer statute of repose. Our seasoned team of attorneys in Kissimmee can advise you about whether filing a product liability lawsuit is a viable option in your specific case.
Contact a Kissimmee Attorney If a Defective Product Injured You
When a defective product injures you, the companies that profit from it should pay compensation for your losses. You need a skilled and experienced attorney to pursue your claim. Our firm has a reputation for achieving outstanding results in these complex cases. Reach out today to discuss your situation with a Kissimmee product liability lawyer.