If you’ve experienced personal injury or the death of a family member due to a malfunctioning or defective product, Florida has liability laws to help.
Let our knowledgeable legal professionals from Cohen & Juda, P.A. reduce the stress of navigating liability law. In this blog, you’ll find helpful information about the basics of Florida liability law, followed by tips on how you can benefit from a personal injury attorney or product liability lawyer near you.
What Is Product Liability Law?
Product liability law refers to the set of laws that govern legal responsibility for the intended and unintended effects of using any product or manufactured object. These laws help courts and judges make decisions in matters of malfunctioning or defective products.
If you have suffered personal injury or feel that a loved one has suffered wrongful death due to a defective product, Florida liability law may help.
Types of Defective Products
Product liability claims address the use of any defective product. Examples of defective products include:
- Personal care devices
- Office equipment
- Manufacturing or industrial equipment
- Food products
- OTC drugs or prescriptions
- Motor vehicles
- And many, many more
Types of Liability Lawsuits
Florida liability law allows for three primary types of product liability lawsuits. These lawsuit types are:
- Negligent product design: A product designer has overlooked or not included vital safety features before production begins.
- Negligent product manufacturer: A product manufacturer has overlooked or not included vital safety features at the production level.
- Failure to warn: A company fails to warn consumers about potential safety hazards resulting from a consumer misusing a product.
Liability lawsuits begin with making a product liability claim. To learn more about the product liability claims process, continue reading or reach out to a knowledgeable product liability or personal injury lawyer near you. Call us at Cohen & Juda, P.A. today at 954-424-1440 to schedule a free consultation.
Florida Statute of Limitations for Product Liability Claims
The state of Florida has set a time limit for product liability claims. The length of the statute of limitations depends on the nature of the product liability claim.
For personal injury or property damage, a person must file a product liability within four years from the date of the incident in question.
The statute of limitations for wrongful death product liability claims is two years.
For help navigating the legal restrictions and requirements for product liability claims, the best option is to hire a qualified personal injury attorney or product liability lawyer near you.
Types of Damages That Product Liability Claims Cover
Product liability claims can help recover some of the damages you have incurred due to malfunctioning or defective products. Damages that you may recuperate after a successful product liability claim include:
- Medical bills that relate to personal injury from the defective product
- Wages you have lost because of personal injury
- Punitive damages
Punitive damages punish the product manufacturer, designer, or distributor for negligence as is legally appropriate. In Florida, product liability law currently caps punitive damages at $500,000 or three times the amount of compensation for damages to which the injured party is entitled.
In general, liability law does not cover injuries a consumer or user sustains when they purposefully remove or damage the product’s safety features or warning labels. Further, liability law does not typically cover injury or accident that consumers incur when they use the product in a manner or for a purpose inconsistent with the product’s intended use.
A knowledgeable personal injuries lawyer or accidents lawyer will determine which legal course of action is suitable for your situation.
How to Prove a Product Liability Claim
Product liability claims come with a burden of proof. Here are some steps to keeps records and get the evidence you need to back up your claim.
- Phone the police and seek urgent medical treatment, if needed
- Take pictures of the product and any injuries or damages the product caused
- Get the contact information of any witnesses
- Hire a trusted personal injury attorney
Benefits of Hiring a Product Liability Lawyer Near Me
Product liability and personal injury lawyers hold designers and companies responsible for personal injury and wrongful death that defective products cause. Personal injury lawyers handle many legal issues outside of product liability, as well, including:
- Persons with injuries due to a DUI driver
- Damage that an uninsured motorist caused
- Injury from falling in a store
- And more
Cohen & Juda, P.A.: We Will Represent You Personally
Personal injury lawyers and product liability lawyers work with clients to navigate the world of liability law. At Cohen & Juda, P.A., our talented legal staff listens and provides services that we tailor to the unique needs of every client. We’re proud to have served Broward County for over thirty years, bringing Florida residents millions of dollars in trial payments and settlements.
If you’re suffering from personal injury or the death of a family member due to a defective product, don’t take on liability law alone. Instead, let our team of accident lawyers at Cohen & Juda, P.A. help. We will represent you personally. Call us at 954-424-1440 or complete our online form today for a free consultation.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.