Tampa Defective Product Lawyers
Numerous state and federal laws, regulations and standards have been enacted to protect consumers from dangerous, defective products. However, many unsafe products still make their way into the market, resulting in serious injuries to unsuspecting victims. Children and the elderly are particularly vulnerable, but thousands of people of all ages are injured each year by defective products in their homes, in their yards, and on the roadways.
If you or a family member has been injured by a defective product, it’s in your best interest to talk with an experienced Tampa product liability lawyer. You may be entitled to compensation for the injury, and a knowledgeable attorney can help you file a product liability lawsuit to hold the responsible parties liable and obtain the payment you deserve.
The experienced Tampa product liability attorneys at Dennis Hernandez & Associates, PA have represented victims of defective product accidents throughout Florida. We welcome the opportunity to put our experience, knowledge and skill to work for you.
What Kind of Injuries Do Defective Products Cause?
Numerous types of injuries can occur because of defective products; however, the most common ones are:
- Broken bones – When a product, such as a ladder or exercise equipment unexpectedly breaks, it can lead to broken bones for the victim.
- Burn injuries – Defective electrical appliances and faulty wiring can be very dangerous, causing fires or explosions and burning people who are close to them.
- Choking – When young children put small parts from broken toys in their mouths, internal injuries and death can occur.
- Organ injuries – Defective pharmaceutical products can cause serious injuries to internal organs, including lung damage, brain damage, liver and kidney failure and cardiac arrest.
- Head injuries – Victims of defective ladder, machinery and equipment accidents often sustain head injuries.
- Death – Defective automobile parts, such as tires, brakes, and fuel tanks, can lead to a fatal accident.
Who Is Legally Responsible for a Defective Product Accident Injury?
Anyone in the “chain of distribution” of a product can potentially be held accountable for injuries caused by a defective product. In general, that includes any, or all, of the following parties:
- Designer of the product
- Manufacturer of the product
- Manufacturer of component parts used in the product
- Assembler or installer
What Constitutes a Defective Product in Florida?
To recover damages in a product liability lawsuit, it is not necessary to prove negligence on the part of anyone within the chain of distribution. Instead, Florida applies a “strict liability” standard in product liability lawsuits. That means an injured party must show they were injured by the product, that the product was used as intended, and that it was defective in one of the following ways:
- Design defect – These are defects that are built into the design of the product. These defects are often referred to as “intentional defects” because they are part of the original design of the product; however, that term does not mean that the designer intended the product to be faulty. Because these defects are found within the product design itself, all products manufactured with that design will have the defect.
- Manufacturing defects – These are products that begin with a safe design; however, a defect is introduced into the product during the manufacturing process that causes an otherwise safe product to become a defective product. Because the defect is introduced during the manufacturing phase, only products manufactured at the same time and place will have the defect.
- Failure to warn defects – Some products cannot be made entirely safe because of the nature of the product itself. In that case, the law imposes a duty to warn consumers of the dangerous nature of the product. Things such as appliances, electrical tools, and even household cleaning products, for example, must have a warning label to alert consumers to potential dangers. If a warning is inadequate or missing altogether, it results in a “failure to warn” defect.
How Can I Get Compensated for a Defective Product Injury?
To obtain compensation for a defective product injury, you need to file a product liability lawsuit. An experienced Tampa product liability lawyer from Dennis Hernandez & Associates will help ensure you can show that the 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.
If you can show you suffered actual damages, such as medical bills, pain and suffering, because of the defective product, you may be able to obtain substantial compensation. In addition to the direct, out of pocket medical expenses incurred as a result of your injuries, you may also be entitled to compensation for:
- Potential future medical expenses, including medication, doctor visits, transportation to healthcare facilities, hospital care, surgery and rehabilitative care.
- The emotional trauma, pain, and suffering you experienced because of being injured by the defective product.
- Wages lost due to time off work because of the defective product injuries.
- Decreased earning potential.
- Other damages recoverable 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.
Get Expert Advice and Help from Tampa Product Liability Attorneys
If you have been injured by a defective product, or if you lost a loved one because of a defective product injury, please contact the experienced Tampa product liability attorneys at Dennis Hernandez & Associates, PA as soon as possible to discuss your legal options.
At Dennis Hernandez & Associates, PA, we are committed to helping our clients get the justice and compensation they deserve for the injuries they have suffered. We assure that all necessary evidence is presented to prove the defective product caused your injuries, and we negotiate directly with insurance companies and the defendants’ attorneys on your behalf. We build a strong case demonstrating your right to compensation for physical, emotional, and financial damages caused by the defective product accident.
Many personal injury attorneys readily settle out of court to avoid going to trial, but we never back down in our fight for justice. We negotiate aggressively on your behalf and, if needed, put our trial experience to work fighting for the compensation you deserve. Working with the attorneys at Dennis Hernandez & Associates. PA means being supported through the entire legal process.
Call us at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.