You may have the right to take legal action and pursue compensation for medical bills, lost wages, and suffering if you’ve been harmed because of a defective product in Gainesville, FL. Manufacturers and sellers have to make sure that the products they design and sell are safe. If a product is defective or unreasonably dangerous, injured consumers can hold them legally and financially accountable for the consequences.
The experienced Gainesville product liability lawyers at Allen Law Firm, P.A. are here to help you understand your rights and options. And, if you decide to file a legal claim, we’ll be right there by your side to help you fight to maximize your recovery. Contact our Gainesville law office to schedule a free consultation to learn more today.
How Allen Law Firm, P.A. Can Help With Your Product Liability Claim
You trusted that the product you bought for yourself or your family would be safe. However, since you or a family member have been injured, it’s clear that this trust was misplaced.
The company responsible for designing, manufacturing, or selling that product didn’t exercise enough care to keep you safe.
You shouldn’t have to bear the burden or cost of your injury on your own. It’s important to understand that you may have the right to take action and demand compensation for the harm you’ve sustained.
Going up against a product manufacturer can be tough. Often, these companies have deep pockets and are well-represented by highly skilled teams of attorneys. Fortunately, you don’t have to go it alone. Making sure you have an experienced Gainesville personal injury attorney in your corner can make all the difference in the world.
Since 2007, Allen Law Firm, P.A. has been going head-to-head with insurance companies and multi-national corporations on behalf of injured consumers just like you. Our tenacity and relentless pursuit of financial justice have helped us recover hundreds of millions in settlements and verdicts. If you’ve been harmed because of a defective product, we’ll fight for you, too.
How? Among other things, expect our personal injury lawyers in Gainesville, Florida to:
- Search for complaints or other consumers who have suffered similar injuries while using the product that caused you to get hurt
- Determine the specific type of defect – design, manufacturing, or marketing – that caused your injury
- Consult with experts, including product specialists, medical professionals, scientists, and engineers, as we analyze evidence and build your case
- Limit the effectiveness of claims that you used the product improperly and, therefore, share fault or are wholly responsible for your injury
- Work to negotiate a sizable settlement offer on your behalf that covers the present and future costs of your defective product injury
- Skillfully navigating all legal issues that arise
If the at-fault company or its insurance provider refuses to extend a fair offer, our skilled trial attorneys won’t hesitate before taking your case to a jury.
We care about you and know how important a financial recovery can be as you work to get back on your feet. So, our team will be prepared to do whatever we can to help you get the money you deserve. Call our law firm to learn more today.
Overview of Product Liability in Florida
Some products – including pharmaceutical drugs and medical devices – are subject to governmental-review processes. However, it would be next-to-impossible (not to mention impractical and expensive) for a government agency to review and approve every new product before its sold in the state of Florida. That’s why Florida has product liability laws.
Simply, it’s up to the companies that design, create, and sell products to make sure that they are safe for consumers to use.
If a company puts a product out on the market that’s defective or unreasonably dangerous, that company can be held strictly liable for resulting injuries and deaths.
Strict liability means that a company can be on the hook for damages regardless of the level of care that was exercised in creating or marketing a product. The threat of litigation – and the associated costs – is used as a way to make sure that manufacturers really focus on making the products they sell are safe.
Note, under the state of Florida’s liability laws, companies can also be sued for negligence involving the creation or distribution of their products.
Types of Product Liability Claims
You may have the grounds to file a product liability lawsuit if your injury is the result of a product that contains a design defect. This means that the product is unreasonably unsafe because of the way it was designed. It would be dangerous to use, regardless of how carefully it was assembled.
Example: Roundup Weedkiller is the center of many product liability lawsuits. Many argue that the product has a defective design because one of its ingredients (glyphosate) is associated with an increased risk of cancer. The product is dangerous because of the ingredients called for in its design.
Florida embraces what’s known as the consumer-expectation test in design defect matters. This simply means that a product is considered to be unreasonably dangerous if it didn’t perform as safely as a reasonable consumer would have expected. Note, the product must have been used as intended or in a way that would have been reasonably foreseeable.
You may have the grounds to file a product liability claim if your injury is the result of a product that contains a manufacturing defect. This means that the product is dangerous because of the way it was assembled or built. A manufacturing defect can affect an entire product line or just one single item.
Example: Cars are assembled using a different type and length of screw than is called for in the vehicle’s design. The vehicle begins to fall apart while being driven because the screws used during the manufacturing process were not the correct type. This is a defect that arises from the assembly process.
You may have the right to file a product liability lawsuit if your injury is the result of a marketing defect. In other words, you suffered an injury while using a product as intended or in a reasonably foreseeable way, but still got hurt because you weren’t provided with adequate warnings of risk. When a company knows or should know about potential hazards or dangers associated with using a product, it must disclose those to consumers.
Example: During early testing phases, a pharmaceutical company learns that its money-making drug can potentially cause kidney damage. However, the company fails to disclose this to patients and doctors. In effect, this robs the patient of the right to make informed decisions about their health. If the patient knew that kidney damage was a potential side effect or risk, they might decide not to take this particular medication. When they find themselves in renal failure, they may have a legitimate claim against the pharmaceutical company.
We Represent Clients in All Product Liability Matters in Gainesville
Allen Law Firm, P.A. is here to fight on behalf of any consumer who is injured or tragically loses a family member because of a defective product. We handle product liability cases involving:
- Dangerous drugs, including opioids
- Defective medical devices
- Children’s toys
- Power tools
- Heavy machinery
- Construction equipment
- Home appliances
- Motor vehicles, including cars, trucks, and motorcycles
- Vehicle components, including airbags and brakes
- Juul Vape Pens
- Personal products, including talcum powder
- And more
A defective product can cause serious or life-threatening trauma, including burns, amputations, brain injuries, spinal cord injuries, and even death. Our Gainesville product liability attorneys will help you fight to secure a full financial award for all of your injuries and suffering. Call our law office to get started today.
Time Limits for Filing a Product Liability Lawsuit in Gainesville
In Florida, the statute of limitations for product liability lawsuits is typically four years for injuries and two years for death. The clock begins to run on the “date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence.” In other words, the statute of limitations begins to run when you discover or should have reasonably discovered the link between the product and your injury.
However, Florida also has a statute of repose. If a product has an expected “useful life” of 10 years, Florida law states that a claim may not be brought more than 12 years after the product is delivered to its first purchaser. In other words, most product liability claims expire 12 years after a product is first purchased, regardless of when a defect or injury is discovered.
Gainesville Product Liability Lawyers You Can Count On
Were you injured because of a defective product in Gainesville, FL? Contact Allen Law Firm, P.A. to find out how our Gainsville product liability lawyers can help you fight to make sure the company is held liable and recover compensation for your medical expenses, lost income, and pain and suffering. We offer a free initial case evaluation, so don’t hesitate to call us today.