Product Liability Attorneys in Gainesville, FL
What Is Products Liability?
Product liability, also called products liability and strict products liability, is an area of law involving consumers who are harmed by product defects. The defects may arise out of:
- the design process,
- safety instructions and warnings, or
- distribution of products.
Under products liability theories of law, the manufacturers, designers and/or distributors of the products may be held liable for injuries to those individuals who use the product and are injured or harmed by the product. Product liability law can also involve the failure of a designer or manufacturer to warn a consumer on the proper or safe use of the product. Often cases arise out of the failure of the product manufacturer to provide warning stickers or instructional information with the product so that the consumer will properly use the product in a safe manner.
Can I File A Product Liability Lawsuit?
Some common product liability cases involve:
- defective tires or brakes,
- defective automobile rollover cages,
- defective crash control or stability control,
- defective safety equipment,
- defective ladders or tree stands,
- defective construction equipment such as hand saws, table saws, wood splitters,
- defective household appliances or other electrical equipment which may cause electrocution or fire
There are different types of product liability lawsuits and cases. A defective product lawyer can identify the proper theory to pursue, which may be specific to a certain set of facts. Many times a product is not necessarily designed or manufactured in a unreasonably safe manner but the consumer is injured because the consumer does not understand how to safely use the product. In that case, a product liability attorney might analyze whether the manufacturer provided a proper warning or instruction for proper usage of the product to the consumer. Other product liability cases involve implied warranties that are created by under statutes or case law. For instance, in Florida there is an implied warranty of fitness for a particular purpose. Under this theory of liability, a ladder manufacturer, for example, could not disclaim liability for a defective ladder if a consumer was operating the ladder in a normal fashion.
Do I Need A Product Liability Lawyer?
If you have been injured by a product, even if you don't know it to be defective, it is important for you to talk to an attorney who is experienced in product liability law. Sometimes a consumer can be partially to blame for the injury and the law will still provide some degree of compensation from the manufacturer under what is known as comparative fault law in Florida. This allows the jury or factfinder to assign a certain percentage of fault to each party. Many times a product manufacturer will defend a case on the basis that the consumer was not properly using the product, however it is not always necessary that the consumer use the product only in the exact manner as instructed as long as the consumer was using the product in a reasonably known or foreseeable manner.
The laws of products liability in Florida can vary whether the case is brought in state court or federal court and it is important for you to speak to an experienced product liability attorney as quickly as possible. Many lawyers do not understand the tremendous differences between state and federal court unless they are experienced with product liability lawsuits. This can affect the value of the case. Additionally, any case involving a potentially defective product requires prompt attention to and preserving of the evidence.
In order to pursue a viable product liability case, it is often mandatory for the injured party to allow the manufacturer to have access to the product so that the alleged defect can be investigated. Therefore, it is important for you to contact a product liability attorney as soon as you're injured so that the attorney can put the proper witnesses on notice to preserve the evidence. For example, sometimes a simple automobile accident can result in severe injuries because of defective products such as seatbelts which were not designed or manufactured properly. In such a case, it is imperative that the attorney contact the owner of the vehicle or the tow yard and make arrangements to videotape, photograph and preserve any of the evidence that may be necessary to pursue a lawsuit later. A lawyer who does not understand product liability issues would not likely take steps to preserve such evidence.
Why should I contact Warner, Sechrest & Butts P.A.?
At our law firm in Gainesville, FL, we have experience in defective product issues including automobile, tire defect, construction equipment, electrical equipment, household appliances, and many other product liability cases which lend to our experience. Additionally, our firm is able to bring claims against the large manufacturers and insurance companies because we have the experience and resources to take them on. Not every lawyer or law firm is able to keep up with the large amount of expenses and workloads that are required in in product cases. Large automobile manufacturers and insurance companies will be certain to provide a vigorous defense in these cases and it is important that you choose the right law firm to fight for you and your family.
Our product liability attorneys will help you to recover damages including:
- past medical bills,
- future medical bills,
- lost wages,
- loss of earning capacity,
- vocational and occupational rehabilitation,
- physical therapy,
- loss of household services, and
- loss of consortium for your spouse.
If you or a family member have been injured as a result of a defective product or because of improper warning stickers/safety data, contact Warner, Sechrest & Butts in Gainesville, FL.