Florida law allows consumers to hold designers, manufacturers, suppliers, distributors, and even sellers liable for the injuries they suffer from dangerous or defective products. Florida law also allows family members to bring Wrongful Death claims to collect financial compensation if their loved ones are killed by a defective or dangerous product. Typical products that people buy for their households, children, vehicles, etc. can change lives in an instant if they are not designed, made, or tested properly.
Everyday Products Should Be Safe For Consumers To Use
Manufacturers are expected to make safe products so they don’t put consumers in danger. They have a legal duty to create safe designs, and to make sure that they test their products to ensure they meets quality and safety standards. In addition, manufacturers are responsible for monitoring complaints about injuries consumers suffer once the product is sold to the public. If manufacturers fail to follow any of these steps, their failures can lead to injuries which give rise to products liability claims or lawsuits.
As a basic premise, the statute of limitations for product liability claims is four (4) years from the date of injury. If the victim dies then it becomes a wrongful death claim and the statute of limitations is then only two (2) years. However, there may be exceptions to the statute of limitations because of delayed discovery of a defect, delayed onset of symptoms or injuries, and several other reasons. This is why is it important to reach out to an experienced Florida products liability attorney so that you can protect your legal rights.
Manufacturers, Suppliers, and Retailers Can Be Held Liable Under Several Legal Theories
Florida is a “strict products liability” state which means that the manufacturers, suppliers, and others can be held liable as long as the product is proven to be dangerous or defective. Most times, the manufacturer's intent does not matter. Strict product liability typically falls into one of three categories. Each category looks at the design defect, the manufacturer’s failure to warn the public, and manufacturing defects.
In addition to strict liability, manufacturers, supplier, and retailers can be also be held liable for dangerous or defective products under negligence and/or breach of warranty theories.
We Can Help With A Wide Variety Of Dangerous Products
At Cullen & Hemphill, PLC, we offer personal, caring, and straightforward legal services for all cases involving dangerous or defective products. Here are a few examples of dangerous products cases that we can help with (although this list is far from exhaustive):
- Automobile parts and accessories
- Prescription drugs
- Cosmetic products
- Industrial machines or tools
- Consumer machines or tools
- Household products
- Exercise equipment
- Childrens' toys
Product manufacturers and sellers always work hard to avoid product liability claims. They have several legal defenses at their disposal - the most powerful of which is misuse of the product. It is important to contact an attorney immediately following your injury. The earlier you contact an attorney, the easier it will be to preserve the evidence/product in question. The incident will be fresh in your mind and thus make it easier to prove your case.
If you or a loved was injured from a defective product, Cullen & Hemphill, PLC would like to help you receive the compensation you and your family deserve. We will do our best to make sure nobody else has to go through what you and your family went through. We offer free consultations and would love the opportunity to discuss your case with you.