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Tallahassee Product Liability Lawyers
INJURED BY A DANGEROUS OR DEFECTIVE PRODUCT?
Companies that manufacture or sell products have a duty to make sure that those products are safe for their intended use. When a person is seriously injured or killed by a defective product, the manufacturer or distributor of that product may be liable for that person’s injury or death.
If you or a loved one have been hurt by a defective product, our firm is ready to hear from you. Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. has been advocating for injury victims for more than three decades and has the experience and resources to put forth a compelling case on your behalf, both in and outside the courtroom.
There’s Too Much At Stake. Trust your product liability suit to legal counselors you can trust. Call (850) 222-2000 today to speak with us.
DAMAGES IN PRODUCT LIABILITY CLAIMS
Product injury or liability claims cover a multitude of products from baby cribs to strollers to automobiles and medications. While every case is unique, the exact compensation available to you is determined by the circumstances of your claim.
Our experienced Tallahassee product liability attorneys will discuss the possibility to pursue compensation for:
- Medical bills (past and future)
- Lost wages / diminished earning capacity
- Pain/ suffering/ emotional anguish
- Funeral expenses (as seen in wrongful death cases)
TYPES OF PRODUCT DEFECTS
This is due to error during assembly. Manufacturers are liable for defects resulting from faulty construction. There is a small percentage of goods that will typically have a defect. You may have a case if you can prove the defect had caused the injury.
This flaw in an original blueprint means the manufacturer should have used a better design that would not alter the purpose. This defect is continuous throughout all of the manufactured products.
A Failure to Properly Warn
A product liability lawsuit may be pursued if the manufacturer fails to warn the user of any potential risks. A party may be held liable when instructions or warnings would have saved one from injury if followed while using a product. Warning labels should warn consumers of known hazards, the severity of any risks in the use of a product, effects of these hazards and how to avoid hazards when properly used.
Product liability law is an area that covers a number of different claims. Our defective product lawyers at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. have experience in handling cases dealing with:
- Defective vehicles
- Defective guardrails
- Defective medical devices
- Dangerous drugs
- Defective children’s products
- Food poisoning and product liability
- Other defective items
COMMON PRODUCT LIABILITY CLAIMS
Many times there is carelessness in the product design or manufacturing of the product. Some facets of development where negligence often occurs include hastily reviewing plans, failure to sufficiently test or inspect, early release of the product too early or failure for machines which fabricate the components of the product to be properly maintained.
The injured may have a case if she/he can prove an existing defect resulted in an injury. If this exists, a manufacturer can be liable for resulting damage. Products purchased second hand must be purchased within the distribution chain.
Breach of Warranty
This warranty covers any person who would use the product. When something is sold, the buyer relies on two warranties. The express warranty is a representation of a product’s safety by the retailer or manufacturer. The implied warranty is promised by a manufacturer or other party stating the product will not cause harm if it is used as intended.
WHO IS ACCOUNTABLE?
It is important to know that while determining who is held liable for a defective product, there are more than one liable parties involved.
All or any of the following parties can be held liable for damages that result in an injury due to a defective product:
- Manufacturer A liable manufacturer can include big multi-national companies or smaller individual parties. This includes anyone involved in the marketing or design of the product.
- Retailer A retailer who sells an item is implying the product is safe and suitable for use. If the consumer purchases a defective item, even if it is not purchased from the manufacturer, the retailer can be held liable for damages.
- Wholesaler A wholesaler works as the bridge between the manufacturer and the retailer.
What kind of compensation can I get? When a product liability lawsuit is successful, you may be eligible for compensation for:
- Special DamagesThis includes out-of-pocket financial losses or expenses like lost wages, medical or hospital bills, the cost of transportation or costs to replace or repair damaged property.
- General DamagesThis includes losses that are not easily calculated such as additional medical expenses, pain and suffering, the value of future lost wages, mental anguish and the loss of the quality of life.
Ready to learn more about your options? Contact our offices today to request a free case evaluation with a Tallahassee personal injury attorney.