Products Liability Lawyer in Hollywood

As consumers, we trust a myriad of products on a daily basis. But in today’s landscape, it becomes more difficult to be able to trust some products especially given the global nature of commerce. Manufacturers have gone from creating products that are long-lasting and staples in our household to products that quickly wear down and fail, requiring us to purchase a new one. While there are still some manufacturers that try to produce exceptional products, unfortunately, far too many subscribe to the “churn and burn” assembly line approach. This means that some manufacturers are making products that they know will fail in a few years, and when they fail it can result in serious personal injuries requiring a products liability lawyer in Hollywood.

Here at Schlacter Law, our experienced products liability lawyer can help a victim and his or her family recover compensation for pain and suffering, lost wages, medical bills, lost future earnings, and other damages related to a defective product. These types of cases are generally more complicated than other types of personal injury cases and therefore require a skilled lawyer and resourceful law firm to hire the correct types of experts and prove your case in court. When you have been injured by a faulty or dangerous product, you should speak to an experienced products liability lawyer in Hollywood to learn how we can help prove your injuries and establish liability against a manufacturer, designed, transporter, retail, or other entity who caused or contributed to the defective product.

Many people believe that dangerous or defective products are made out of the country. Although that can be true, not all unsafe products are the result of global enterprise. Even when goods are produced right here in our country, manufacturers often rush to market in the quest for financial gain. Dangers and hazards can result from different aspects of the production chain, which can further complicate a product liability claim. What happens when an unsuspecting consumer is harmed by a product by one of these companies?

At Schlacter Law, throughout our careers, we have represented victims of unsafe and hazardous products in Hollywood and throughout Florida. The law is clear. If you have been harmed by an unsafe product made from anywhere in the world, you may be entitled financial compensation for your damages. When you have been injured by a defective product, you should immediately get the guidance of one of our products liability lawyers.

Liability can fall into three categories: negligence, breach of warranty, and strict liability.

• Negligence: When a company is negligent in the design or manufacturing of a product, negligence is defined as a failure to act within the established standard of care. There are many ways that a manufacturer may be found negligent such as inadequately testing the product, not anticipating certain uses for that product, inadequately warning consumers of a potential risk, or failing to comply with laws and regulations governing that product
• Breach of warranty: When a product comes into the hands of a consumer, that consumer will rely on both implied warranties as well as express warranties. An implied warranty is the understanding that a product is safe for use if used as intended and will not cause harm to the user. Nearly all products come with an implied warranty. An express warranty is the set of statements made explicitly by the manufacturer concerning the warranties of that product. A breach of warranty is when the manufacturer fails to abide by those warranties
• Strict liability: Negligence does not need to be established in the case of a strict liability claim. A claim under strict liability can establish liability at any point of the chain of distribution. An injury victim must prove that, at some point in the chain of distribution, there was a defect in the product and that the defect resulted in their injury

In the case of a defective or dangerous product, a claim may be made against any party within the chain of distribution. From the designer, to the manufacturer, and even to the marketing of the product, liability can fall at multiple areas between concept and the product being used by the consumer. Liability can even extend to the transport company used to carry completed products to retailers. This is how it gets complicated, and there must be an experienced products liability lawyer on the side of the injured victim in order to establish liability.

Design defects are flaws in the original concept and design of the product. Because a design defect is in the overall design of the product, that flaw will affect every product under that design. When presenting a products liability claim for a design flaw, three important aspects must be addressed:

• Was the design at fault for the flaw even before production?
• Was it plausible that the design should have been anticipated to be harmful?
• If so, could the manufacturer have used an alternative that was economically feasible and would not have impacted the purpose or use of that product?

If any of these were true, an injured consumer may have the right to bring a design defect claim against the company.

In the case of a manufacturing defect, the defect was caused during the physical creation and assembly of the product. Manufacturing defects will not be found in every product but only the ones that were impacted by the flawed construction. In the case of a manufacturing defect claim, an injured party must prove that the defect that caused the injury occurred at the time of manufacturing and was present before it came into their hands.

There are regulations surrounding the safety of consumer goods that are amended periodically. These set out designations and rules for product safety labels and their related symbols. These labels are designed to warn a consumer of any existing hazards, advising them of the severity of that potential risk, what effect it may have, and how to avoid that risk.

The American National Standards Institute  governs these rules and labels and sets out criteria under which a manufacturer must abide. ^[1]

If a manufacturer failed to issue instructions and warn consumers of a potential risk, they can be held liable if that warning could have prevented an injury or if the warning, applied properly, still resulted in an injury.

A successful product liability claim can compensate an injured consumer for things such as

• Current medical and hospital costs
• Future possible medical interventions
• Lost wages due to being out of work because of injuries
• Potential pain and suffering and emotional anguish

At Schlacter Law, our team of experienced product liability lawyers in Hollywood will assist you in gathering the evidence to support your claim and represent you in holding the manufacturer accountable for your injuries.

In some cases, a products liability claim will be brought as a class action suit when a large number of consumers have been injured by the same product. There is power in numbers and resources, especially given the cost to litigate a suit against a large corporation with deep pockets.

However, class action suits typically only offer nominal compensation for suit participants. When severe injuries have been caused by a defective product, an individual claim will offer more compensation and personal accountability to a plaintiff than a class action suit.

A products liability claim can be extremely complex because of the variables that must be considered as well as the necessary evidence that must be investigated and proven. Having the representation of an experienced products liability attorney in Hollywood is critical if you have been harmed by a product. At Schlacter Law, we have dedicated our practice to the rights of injured parties and those who have been harmed by consumer products.

Our award-winning bodily injury law firm is standing by to discuss your products liability case and how we can help you pay for medical bills and lost wages, while also being able to recover compensation for your pain and suffering due to a defective product. Large corporations, manufacturers, and other companies that make defective and dangerous products should be held liable for their careless or negligent conduct. We can do that for victims and their families should these negligent products harm them in Hollywood, Florida. Learn more today by dialing (305) 999-1111 for a FREE case evaluation.

How We Handle Cases

1. Investigation
   • 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.
2. Negotiation
   • 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.
3. Litigation
   • 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.