Fort Myers Product Liability Attorneys
Numerous federal and state laws have been enacted to protect consumers from dangerous defective products, yet many unsafe items still make their way into the market and into our homes and places of business. In fact, the U.S. Consumer Product Safety Commission reports that common products, such as home furniture, sports equipment, ladders and playground equipment cause hundreds of thousands of injuries each year.
Young children and the elderly are especially vulnerable to serious injury from dangerous products, but no one is immune to their dangers. If you have been injured by a dangerous defective product, you’re not alone and you do not have to face all of your challenges alone.
The experienced Fort Myers product liability attorneys at Dennis Hernandez & Associates, PA have helped many victims of defective product injuries throughout the state of Florida and want to help you hold the responsible parties accountable. You may well be entitled to substantial financial compensation for your injury, pain, suffering and losses, and we can help ensure you get the settlement or award you deserve.
Who Can Be Held Responsible for Injuries from a Defective Product?
Under Florida law, anyone in the chain of distribution for a product can potentially be held accountable for injuries caused by a defective product. In general, that can include any or all of the following:
- Designer of the product
- Manufacturer of the product
- Manufacturer of component parts used in the product
- Assembler or installer
An experienced Fort Myers product liability attorney from Dennis Hernandez & Associates can determine which parties in the distribution chain should bear responsibility for the defective product that caused your injury.
What Is a Defective Product According to Florida State Law?
In a product liability lawsuit, Florida applies a strict liability standard, so it is not necessary to prove negligence on the part of anyone involved in the design, manufacturing, distribution, sale or installation of a product. What you must do, however, is show that the product in question was used as intended and that the product had one of the three types of defect:
- Design defect – Defects that are inherent in the product’s design are considered design defects. Because they are part of the product design itself, all of the products manufactured with the design will have the same defect.
- Manufacturing defects – Products that begin with a safe design but become unsafe because a defect is introduced into the product during the manufacturing process have manufacturing defects. Because the defect occurs during the manufacturing phase, only products manufactured at the same time and place have the defect.
- Failure to warn defects – There are some products that can never be made entirely safe because of the nature of the product itself. For these products, the law dictates that consumers must be warned about the danger(s). For example, products such as appliances, electrical tools, and household cleaning products must have a clear warning label to alert consumers to potential dangers. If a warning is inadequate or missing altogether, the product in question has a “failure to warn” defect.
What Kind of Injuries Do Defective Products Cause?
Defective products can cause many different kinds of injuries, some minor, but many very serious and even life-threatening. Some of the more common serious injuries include:
- Choking – Small parts from broken toys can choke small children and cause internal and fatal injuries.
- Broken bones – Defective ladders and other equipment can cause victims to fall and break bones.
- Burns – Defective electrical appliances and faulty wiring can cause fires or explosions that burn people who are close to them.
- Head injuries – Victims of defective ladder and equipment accidents often sustain head injuries.
- Organ injuries – Defective pharmaceutical products can cause serious injuries to internal organs, including lung damage, brain damage, liver and kidney failure and cardiac arrest.Top of Form
- Death – Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to a fatal accident.
Can Victims of Defective Product Injuries Get Compensated for Their Injuries?
If you can show that a product had a design, manufacturing, or failure to warn defect, that you used the product as intended, and that you suffered actual damages from using the product as intended, you may be able to obtain substantial compensation for the damages with a product liability lawsuit. These damages may include:
- Medical expenses already incurred
- Future medical and care expenses
- Emotional trauma, pain and suffering
- Lost income due to time off work related to the injury
- Diminished earning capacity
- Other damages available under Florida law
If you are a surviving family member of someone who was fatally injured because of a defective product, you may also be entitled to compensation for your loss. An experienced Fort Myers product liability attorney can help you with a wrongful death lawsuit.
Get the Legal Help You Need from Experienced Fort Myers Product Liability Attorneys
If you or a loved one has been injured by a defective product, please contact the Fort Myers product liability attorneys at Dennis Hernandez & Associates, PA as soon as possible. Our team of expert attorneys wants to help you achieve justice and get compensated fairly for your injuries.
Many lawyers try to settle quickly outside of court to avoid going to trial, but we never back down:
- We make sure we have all the evidence necessary to prove the defective product caused your injuries.
- We build a strong case demonstrating your right to compensation for physical, emotional, and financial damages caused by the defective product.
- We negotiate aggressively with insurance companies and the defendants’ attorneys for the settlement you deserve and are fully prepared to go to trial if negotiations do not achieve the desired result.
- We leverage our litigation skills and successful trial experience to fight vigorously for the compensation you deserve.
- We support you throughout the entire legal process and fight to win the compensation you deserve.
Contact our Fort Myers office at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.