Product Liability & Defective Product

Helping Injury Victims Seek Compensation Through Product Liability & Defective Product Claims in Florida

Companies that manufacture and distribute products have a responsibility to ensure safe, effective products are going into the hands of their consumers in Florida. Unfortunately, there are times when these companies negligently send out products with defective designs, manufacturing flaws, or unsafe marketing materials or instructions. This carelessness can cause serious harm to consumers, often leading to significant medical treatments, expenses, and suffering. If you have been injured by a product in Florida, you can seek compensation for your losses by working closely with a Florida product liability & defective product attorney to identify the right path forward.

In Florida, products are considered “unreasonably dangerous” if they create an unsafe situation when being used in a way which the average consumer would use them. Defects can be due to faulty design or manufacturing errors. The product’s defects must be the proximate cause of the plaintiff’s injuries.

In the midst of these challenges, you also face the task of collecting and preserving evidence crucial to your claim. This might encompass the defective product itself, medical records, and any accident reports. An experienced product liability attorney can help you collect and preserve the appropriate evidence to support your claim.

Our experienced product liability and defective product attorneys at Cohen and Cohen Law can guide you through the legal process to pursue a personal injury claim, evaluate your damages, and seek compensation for your injuries and losses due to product defect or dangerous product design. Contact us today to schedule a free consultation, where our Florida product liability lawyers will review the unique details of your case and plan your legal strategy.

Types of Product Liability Cases For Which Cohen & Cohen Will Fight for Your Damages in Florida

Injury victims in Florida may pursue compensation through several types of product liability cases:

• Design Defects: This implies that the product was inherently dangerous from its design inception, even before it was manufactured. Our attorneys can assess whether a design defect was present prior to manufacturing.
• Manufacturing Defects: These occur when a product becomes hazardous due to a flaw in the manufacturing process. In a manufacturing defect case, the product deviates from its intended design during the manufacturing process, leading to injury.
• Failure to Warn or Marketing Defects: This refers to the absence of adequate warnings or instructions about the product’s use, which could potentially lead to misuse and subsequent injury. Essentially, the manufacturer improperly markets or labels the product.

Each of these product liability claim types involves elements that need to be proven, and each case has unique causes, injuries, and implications for the injured party. Dangerous and defective products often involve unexpected injuries, as manufacturers are required by law to take steps to prevent injuries.

Consequently, events involving injuries sustained from products will often be drastically different from the majority of experiences among the product’s users. Nevertheless, personal injuries involving some products may not be unforeseeable. A skilled Florida product liability lawyer can build a strong case and apply the appropriate theory of civil liability to help an injured consumer pursue recovery.

Negligence in Florida Product Liability Cases

A product liability case may be argued by the theory of negligence, which is consistent with other types of personal injury claims. This theory comes into play if either the product-making company or the seller neglects safety standards in the product’s design, manufacturing, or marketing. Liability stems from a failure to exercise reasonable care, leading to an unsafe product.

Strict Liability in Florida Product Liability Cases

In a Florida product liability injury case, the manufacturer, designer, or seller can be held responsible for damages a product causes even if there is no evidence of negligence. The question pertains to the product itself — rather than their behaviors or intentions. The product must be proven to be unreasonably dangerous, and the defect must have caused the injury.

Breach of Warranty as a Theory of Liability for Product Injuries in Florida

This liability theory pertains to the manufacturer’s explicit or implied warranty regarding a product’s safety for its intended use. If this warranty is breached, resulting in harm, the manufacturer may be deemed responsible.

One of two scenarios could apply in a breach of warranty argument:

• Express Warranty: A documented set of quality and safety claims made by a manufacturer to support its product. These may include options for repair or replacement in cases of defects.
• Implied Warranty: This is present when manufacturers claim that a product is safe for use when operated as intended.

Discuss with your attorney regarding which of these may apply in your product injury case.

Elements Required To Prove a Florida Product Liability Case

Product injury victims and their attorneys need to demonstrate the following elements to prove a product liability case in Florida:

• Damages: The injury victim must show they suffered actual harm, which can be physical, emotional, or financial.
• Using the Product as Directed: The injury victim must demonstrate that their use of the product was as it was intended to be used, according to marketing and heeding provided warning messages.
• Causation: It needs to be demonstrated that the product’s defect directly caused the injury.
• Proof of Defect: The injury victim must prove that the product was defective as it was manufactured (that it was not altered after it was manufactured) and unreasonably dangerous.

This is somewhat distinct from the elements of a standard personal injury claim, which requires duty of care, breach of duty, causation, and damages specific to an injury instance. Duty of care and breach of duty would constitute negligence, but proving negligence in a given instance of an injury is not required in product liability cases. Nevertheless, carelessness on the part of the manufacturer arguably would have occurred at some point to cause defective design, manufacture, or messaging prior to the dangerous product’s distribution.

Due to the nature of the relationship between manufacturer and customer, the manufacturer has a duty to the consumer to ensure a product distributed to customers is reasonably safe and free from defects; the manufacturer’s failure to uphold this duty takes the place of the breach of duty of care that constitutes negligence in other types of personal injury claims specific to individual instances.

Examples of Defective Products that Could Cause Injury

There are numerous scenarios in which defective products can cause injury and be actionable under Florida’s product liability laws. Here are a few examples:

• Defective Automotive Products: Faulty brakes, airbags, seat belts, or other automotive products can lead to serious injuries or fatalities. Factors that make these cases actionable include proof of the defect, evidence that the defect caused the injury, and demonstration that the product was used as intended.
• Dangerous Medications with Hidden Defects: Medications with undisclosed harmful side effects can lead to severe health problems. Actionable claims require proof of the undisclosed side effect, evidence that the medication was taken as prescribed, and medical evidence linking the medication to the adverse health effect.
• Contaminated Food Products: Food products contaminated with harmful bacteria such as salmonella, listeria, or e.coli can cause serious illnesses. To make a claim, it must be proven that the food product was contaminated and this contamination led to the illness.
• Defective Cosmetics: Cosmetics with harmful ingredients or contaminants can cause skin problems and other health issues. For a claim to be actionable, it must be shown that the cosmetic product caused the health issue and that the product was used as directed.
• Unsafe Household Products: Household products with a design or manufacturing defect that causes them to be unsafe can lead to injuries. For example, an appliance that causes fires or electrocution. To bring a successful claim, it must be shown that the product was defective and that this defect directly caused the injury.
• Defective Medical Devices: This encompasses defective implants, prosthetics, or medication pumps that may lead to serious health complications.
• Dangerous Children’s Toys: Toys containing small parts or toxic substances may present choking hazards or poisoning dangers.

Some specific examples of product liability scenarios include the following:

• Table designed with uneven legs (design)
• Toddler toy with detachable choking hazard (design)
• Electric circuit installed backwards (manufacturing)
• Swing set with broken chain (manufacturing)
• Medication that doesn’t disclose all side effects (marketing/instruction)
• Instructional video with actors not wearing proper safety gear (marketing/instruction)

In each of these scenarios, a key factor to prove fault for an actionable claim is causation, demonstrating that the product’s defect directly caused the injury or harm. An experienced product liability lawyer at Cohen and Cohen can review the details surrounding your product liability claim, identify the potentially liable parties, and help you seek financial recovery if you have been injured by a dangerous or defective product in Florida.

Common Injuries Due To Defective or Dangerous Products

Defective or dangerous products can cause a wide range of injuries, including the following:

• Choking: Small or faulty pieces that easily break off from products, particularly children’s toys, can pose a choking hazard.
• Burns: Faulty wiring in electronics or appliances can lead to fires, causing severe burn injuries.
• Brain Injuries: Impact to the head may lead to traumatic brain injury (TBI), as in the case of defective airbags or other scenarios involving auto accidents.
• Spinal Cord Injury: Defective products that cause collisions or falls, such as faulty motor vehicles, may lead to spinal cord injuries.
• Poisoning: Some products, especially household cleaning agents or certain cosmetics, may contain harmful substances that can lead to poisoning if ingested or absorbed through the skin.
• Cuts and Lacerations: Sharp edges or broken parts from defective products can lead to cuts and lacerations.
• Broken Bones and Fractures: Defective equipment, such as ladders or exercise equipment, can collapse or malfunction, leading to falls or accidents that cause broken bones and fractures.
• Injuries from Explosions: Certain products like defective batteries or pressure cookers can explode, causing injuries from the blast or flying debris.
• Vehicle Accidents: Defects in automobile parts, such as brakes, tires, or steering systems, can lead to serious road accidents.
• Strangulation: Products with long cords or strings, such as window blinds, can pose a strangulation risk, particularly for children.

Each of these injuries can be severe and lead to long-term consequences, emphasizing the importance of product safety. If your family member suffered a fatal injury due to a dangerous or defective product in Florida, our law firm can pursue a wrongful death claim on your behalf.

Important Florida Laws Regarding Product Liability

As of 2024, there are several important Florida laws regarding product liability claims:

• Statute of Limitations: The time frame to bring a product liability lawsuit in Florida is two years from the date of injury. This was reduced from four years in 2023.
• Statute of Repose: In Florida, product liability actions are prohibited more than twelve years after a product with an “expected life” of ten years or less reached its first user or consumer.
• Basis for Claims: Product liability actions in Florida can be based on civil liability theories such as strict liability, negligence, or breach of warranty.

Each of these laws plays a critical role in shaping product liability claims in Florida and how they are pursued in court.

What To Do Following an Injury Due to a Defective or Dangerous Product

Following an injury from a product in Florida, victims should be sure to take the following steps:

• Seek Medical Attention: A crucial step is to seek immediate medical attention. This not only promotes your health and safety, but also creates a documented link between the incident and your injuries.
• Preserve the Product: Keep the defective product in its current condition as it serves as key evidence. Do not attempt to repair or alter it in any way.
• Document the Incident: Take photos of your injuries, the product, and the scene where the injury occurred. This can provide crucial visual evidence of the circumstances surrounding the incident.
• Avoid Public Statements: Refrain from posting about the incident on social media or writing reviews about the product. These could potentially be used against you later in court.
• Contact an Attorney: Reach out to our product liability attorneys to assess your case. We can guide you through the process of filing a claim and help you understand your rights.
• File a Product Liability Lawsuit: If eligible, file a product liability lawsuit to seek compensation for your injuries.

It is important to coordinate with an experienced attorney to protect your legal rights and pursue your claim if you have suffered injuries or losses due to a defective or dangerous product. The common failure to seek appropriate guidance when attempting to have the appropriate parties held liable for damages is often an unfortunate product liability cost in the form of a missed opportunity to pursue appropriate recovery. Be sure to work closely with a Florida product liability lawyer in order to avoid missteps and pursue the right path forward for your interests.

You Need to Seek Compensation If You Were Injured By A Defective Product

Florida law allows you to pursue a case against any company that has put a defective product on the shelves, whether it is designed, manufactured, or labeled improperly. Don’t allow your pain and suffering to be in vain — take action to hold the company responsible.

Our attorneys will work to pursue compensation for these and other areas:

• Pain and Suffering (Mental and Physical)
• Past and Future Medical Expenses
• Diminished Enjoyment of Life
• Lost Wages Due to Recovery
• Other Financial Losses

How Our Florida Defective Product Lawyers Will Fight For You

Our experienced Florida product liability lawyers at Cohen and Cohen Law are determined to protect the rights of Florida consumers, and we can assist an injury victim who has suffered an unexpected injury due to a dangerous product in several ways:

• Assessing the Case: We can evaluate the circumstances of your injury and determine if you have a viable product liability claim.
• Gathering Evidence: Our attorneys can help gather evidence that can be crucial to your case, such as medical records and incident reports.
• Navigating Legal Processes: We understand the complex legal procedures involved in product liability cases, and we can guide you through each step.
• Negotiating with Insurance Companies: Our experienced attorneys are skilled at negotiating with insurance companies to seek fair compensation.
• Representing You in Court: If your case goes to trial, our trial attorneys will represent you in court and fight for your rights.
• Dealing with Toxic Exposure Cases: In cases involving toxic chemicals, we can help establish a connection between the exposure and your injury or illness.
• Wrongful Death Claims: Our law firm can explore family members’ options to seek compensation following the loss of a loved one due to a product’s dangerous design or a product defect.

No matter what type of defective product you’ve come into contact with, it’s likely you are experiencing significant consequences. At Cohen and Cohen Law, our team has spent over 50 years handling product liability cases and fighting for thousands of victims who have experienced loss and/or injury due to defective products. In addition to seeking compensation, we are dedicated to fighting for you and supporting you through this difficult process.

Request a free consultation today with a Florida personal injury attorney at our trusted law firm. We can assess your situation, explain your rights, and discuss potential strategies for pursuing compensation through a product liability claim.

Schedule a Consultation Today with Cohen and Cohen Law to Evaluate and Strategize Your Florida Product Liability or Defective Product Case

When you or a loved one have suffered an injury in Florida due to a defective product, you need to work with an experienced legal team prepared to guide you through the steps to seek appropriate compensation under our state’s product liability laws. Our personal injury attorneys at Cohen and Cohen Law help individuals and families who have been injured due to dangerous or faulty products throughout Florida, and we can identify the next steps you need to take to pursue recovery. Let us handle your case so you can focus on your life.

Contact us today to schedule your free initial consultation with a Florida injury attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.

During the first call, we will gather the important details of your case and guide you regarding the right way to proceed. This first meeting is always free, with no obligation or pressure. There is no fee unless we win.

Experience Matters — Serving Florida for Over 50 Years

Frequently-Asked Questions Regarding Product Liability & Defective Product Claims in Florida

What types of product liability cases are recognized in Florida?

In Florida, there are three types of defects that might cause injury: manufacturing defects, design defects, and marketing defects (failure to warn or instruct).

Can I pursue a product liability case if I am injured by a product with a defective design?

Yes, you can make a claim if you are injured by a product with a defective design under Florida’s product liability laws.

Can you sue a manufacturer for a defective product in Florida?

Yes, Florida’s product liability laws protect consumers and allow them to sue manufacturers for defective products. This could be due to a defect during manufacturing,  a defect in the design itself, or a defect in marketing or warning communications regarding safe and proper use of the product.

What are some common defective products in product liability claims in Florida?

Some common defective products in product liability claims include children’s toys, medications, unsafe foods, dangerous household products, automobile parts or features, and medical devices.