Product Liability Lawyer in Pembroke Pines
Every day, goods are sold in the United States that cause injuries to consumers. Some injuries are minor, but oftentimes these injuries can be severe, requiring medical attention, long-term care, and even death.
While some injuries may be the result of user error, there are instances where a manufacturer is responsible for the injuries that result from using their goods. A claimant would need to establish that the goods had a defective design, were defectively manufactured, or the manufacturer failed to adequately warn the consumer of the dangers that could result from using the goods.
If you were injured by merchandise purchased through the chain of commerce, it may be possible to seek compensation from the manufacturer. The first step is to contact a product liability lawyer in Pembroke Pines. Here at Schlacter Law, we understand the complexities of product liability law, and we have the experience necessary to help you get the compensation you deserve. Call today.
Types of Defective Products in Pembroke Pines
There are three distinct types of defects possible through a product liability claim. They are:
- Defective design
- Defective manufacture
- Failure to warn
A defective design is a flaw that exists right from the planning stage of the item. As a result, every individual unit produced will contain the defect. To prove there was a design defect, a plaintiff would need to show that there was a foreseeable risk of danger for a consumer using it for its intended purpose. For example, if an SUV is prone to rolling over due to its overall design, and the roll-over occurs during its foreseeable use, there may be a defective product claim.
In some instances, simply having a design defect is not enough for a manufacturer to be liable for any injuries. In some cases, a plaintiff would also be required to show that it was possible for the manufacturer to create the goods without the defect but chose not to for economic reasons.
A defective manufacture is a flaw that didn’t exist in the item’s planning phase but occurred as an error while being assembled and before distribution. Therefore, it is possible that not every individual unit produced contains the defect. The manufacturer could be held liable for any injuries caused by its goods even in cases where care was taken during the manufacturing process to avoid the defect.
A failure to warn in product liability cases exists when the goods fail to warn a consumer of both obvious and unknown risks associated with the goods. Manufacturers attempt to avoid liability for failure to warn by placing warning labels on their goods in an effort to let consumers know of any dangers associated with their products. A manufacturer may be liable under a product liability claim if it failed to add these warning labels.
Determining the type of defect that exists in a product liability lawsuit requires a deep understanding of the different types of defects that exist in these types of cases. A product liability attorney has the experience to determine the type of injury that occurred and how the defective goods produced the injury. Call a product Pembroke Pines liability lawyer today.
A manufacturer has a duty to warn a consumer of any risks associated with their products. This duty to warn is present when:
- The product is dangerous
- The manufacturer should have known of the danger
- The danger exists when the product is used in a manner that is expected
- Even when the danger is not obvious to the consumer
The American National Standards Institute has established standards for warning labels. These established standards include three different color codes based on the severity of the danger. These labels include:
- Yellow label – yellow signs are caution signs and alert consumers to a potential risk of harm that may be minor
- Orange label – orange signs signify a warning and may indicate to a consumer that there is a risk that may be severe
- Red Label – a red sign indicates a serious danger and alerts a consumer of serious or potentially deadly harm
Warning labels are used to avert liability in cases where the goods are potentially dangerous to a consumer. However, labels are not always sufficient to shield a manufacturer from liability. If you were injured while using a product, talk with a product liability lawyer in Pembroke Pines today to see if there is a possible product liability claim.
Strict liability in product liability cases means a manufacturer might still be liable even if they took measures to prevent a defect. Unlike negligence cases, where it is necessary to prove all elements of negligence to succeed in a lawsuit, strict liability allows a plaintiff to succeed simply when the goods create a condition that is unreasonably dangerous.
In Florida, strict liability resembles the Second Restatement of Torts, §402A, which says “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.”
Additionally, this rule applies even when “the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.”
In Florida, strict liability typically applies when a manufacturer simply puts defective goods into the stream of commerce and an injury resulted from a defect. However, strict liability does not automatically ensure a plaintiff may succeed in a lawsuit. There are defenses to strict liability. A manufacturer may argue that the plaintiff used the goods in a way that it was never intended, and therefore should not be held liable.
Strict liability is a complex area of law and requires the skill of an attorney who understands how to mount a successful lawsuit. A Pembroke Pines product liability lawyer has the necessary knowledge to help mount a case against a manufacturer for a defective product. If you were injured by a product, you may be entitled to compensation. Talk with a product liability today for an evaluation.
How We Handle Cases
- Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
- You will remain in constant contact with Schlacter Law about the progression of your case.
- Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
- Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
- If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
- At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.
Frequently Asked Questions
The amount of compensation you can expect would depend greatly on the circumstances that led to your injury. Compensation would take into account the long-term and short-term medical expenses, as well as any property damage, pain and suffering, and mental anguish. Because these things are quite variable, it is important to talk with a defective product attorney to help determine how much compensation might be available to you.
A Pembroke Pines product liability law firm, such as Schlacter Law, typically charges a contingency fee for defective product cases. This allows us to take on a client without requiring them to pay any upfront costs. Instead, our fee is paid out of any award we can secure for our client. Typically, this fee is between 33.33% and 40%, depending on how far along a case must proceed before receiving any compensation.