If you are injured by a defective product you can collect damages for your injuries!
What is a products liability case?
· DUTY – a manufacturer, seller, or distributor owes you the user of a product a DUTY to make sure the product is not defective if YOU AS THE PERSON
USING THE PRODUCT are within the “foreseeable zone of risk” – are you someone that it is “reasonably foreseeable” would have been using the product
when you were injured? If so a duty was owed to you!
· BREACH OF DUTY – Was a duty breached to you the consumer by a DEFECTIVE PRODUCT?
· DEFECTIVE PRODUCTS – A product is defective if it is faulty because of a MANUFACTURING defect – (Something went wrong when the product
was made.) A DESIGN defect – (The product was made correctly but had a bad design to begin with.) or An INADEQUATE WARNING – (The product
had a faulty warning.)
· CAUSATION – Did the product defect cause your injury?
· DAMAGES – Were you injured / damaged as a result?
IF YOU ARE INJURED AND MEET THOSE FOUR (4) ELEMENTS You may be able to sue the MANUFACTURER, SELLER, OR DISTRIBUTOR FOR A PRODUCTS LIABILITY CLAIM BASED IN BOTH:
· NEGLIGENCE AND
· BREACH OF WARRANTY*
*Breach of warranty can be for a breach of an EXPRESS or IMPLIED Warranty ! If a seller, manufacturer, or distributor of a product makes a warranty about a product and breaches it to you THE BUYER, and you are injured by a defective product, you will have a claim. The warranty has to be made from someone close to or in PRIVITY with the product.
YOU MAY ALSO SUE IN STRICT LIABILITY:
If a defective product leaves a manufacturing facility and ultimately ends up injuring YOU, the consumer, then ALL IN THE DISTRIBUTION CHAIN can be sued including the manufacturer, supplier, dealer, retailer, and store in strict liability. (You will not have to show that anyone knew or should have known the product was defective.) – YOU ONLY NEED TO PROVE THAT THE PRODUCT WAS DEFECTIVE WHEN IT LEFT THE MANUFACTURER, WAS NOT ALTERED, AND INJURED YOU!
Finally be mindful you only have, in most circumstances but not all, four (4) years to bring a claim.
Our office works on a contingency basis.** That means we only get paid if we get a recovery for you; we earn our fees out of our recovery FOR YOU ! If we don’t get you a recovery we don’t get paid!
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Our firm handles cases all over Florida.
Your first consultation is always free. Remember you are not charged unless we win for you.
**Except in criminal matters.