How Can a Product Liability Attorney Help?
Suffering an injury due to a dangerous and defective product can be a distressing experience that leaves you physically, emotionally, and financially burdened. At Friedland & Associates, our dedicated team of product liability lawyers is committed to guiding you through this challenging situation and helping you recover the compensation you deserve.
Our attorneys can help by:
Your product liability attorney will listen to your account of the incident, details of the product involved, and the extent of your injuries. Any relevant documents, such as medical records, purchase receipts, and product packaging, will be collected for review.
Evaluating the Product
Your product liability lawyer will closely examine the defective product itself. They will analyze its design, manufacturing process, labeling, warnings, and any other pertinent attributes to determine how it posed a danger to users. This analysis helps establish the product’s defectiveness and its role in causing your injuries.
In many product liability cases, the expertise of professionals in various fields is essential. Your lawyer may consult engineers, technical specialists, medical professionals, and other experts to gain insights into the product’s defects and potential hazards.
Our product liability lawyers will review documentation related to the product’s development, testing, and distribution. This includes blueprints, manufacturing records, quality control reports, and any communications among manufacturers, suppliers, and distributors.
Your attorney may interview witnesses who were present during the incident or who have relevant knowledge about the product’s defects. Their testimonies can provide valuable insights into how the product malfunctioned and the impact it had on your injuries.
In some cases, product testing may be necessary to demonstrate its defects or unsafe nature. Your lawyer might arrange for independent testing to replicate the circumstances of the incident and prove the product’s liability.
Reviewing Industry Standards
A seasoned product liability lawyer on our legal team is familiar with industry standards and regulations. They will compare the defective product’s design, manufacturing, and warnings against these established norms to determine if the product deviated from accepted safety practices.
Connecting the defective product to your injuries is crucial. Your lawyer will work to establish a clear causal link between the product’s defects and the harm you suffered. This often involves consulting medical experts to prove that your injuries resulted directly from the product’s malfunction.
Identifying Responsible Parties
Determining who is liable for the defective product is a crucial step. Your lawyer will trace the supply chain, which may include manufacturers, distributors, retailers, and other entities. Holding the appropriate parties accountable is essential to seeking compensation.
Negotiation and Litigation
Depending on the circumstances, your lawyer will engage in negotiations with the responsible parties to seek a fair settlement. If negotiations fall short, they will be fully prepared to take your case to court, presenting your compelling evidence before a judge and jury.
A skilled product liability lawyer’s meticulous investigation is the cornerstone of building a strong case to seek compensation for your injuries. By unraveling the truth and holding responsible parties accountable, they provide you with the best chance of achieving justice and recovering the compensation you deserve.
What Are State Product Liability Laws?
Product liability laws in Florida and New York are designed to ensure that consumers have legal recourse when they are harmed by defective or unsafe products. These laws hold manufacturers, distributors, and sellers accountable for the products they put into the marketplace, emphasizing the importance of consumer safety.
Florida and New York adhere to the doctrine of strict liability in product liability cases. This means that in a product liability lawsuit, the injured party does not necessarily need to prove negligence on the part of the manufacturer, distributor, or seller. Instead, they need to demonstrate that the product was defective and caused their injuries while being used as intended or reasonably foreseeable.
Florida and New York follow a comparative fault system, where the degree of fault of each party involved in the case is considered. If the injured party is found partially at fault for their injuries, their compensation may be reduced in proportion to their level of responsibility.
Joint and Several Liability
New York follows a joint and several liability system, meaning that each party found responsible for the injury can be held liable for the entire amount of damages. This is particularly relevant in cases involving multiple defendants, where the injured party can seek compensation from any of the parties involved.
What Are the Statutes of Limitations?
Product liability claims in Florida are subject to a statute of limitations. In most cases, a claim must be filed within four years from the date of the injury or discovery of the injury caused by the defective product.
In New York, a claim must be filed within three years from the date of the injury caused by the defective product.
What Are the Different Types of Product Liability Claims?
Product liability claims typically fall into three categories:
This type of claim arises when a product’s design is inherently unsafe, even before it’s manufactured. If the design flaw makes the product dangerous when used as intended, manufacturers can be held liable.
When a product is defectively manufactured or assembled, resulting in its departure from its intended design, it can be considered a manufacturing defect. In such cases, the product may be safe by design, but individual units or batches are compromised during production.
Failure to warn or provide adequate instructions
Manufacturers have a duty to warn consumers about potential risks associated with their products. If a product lacks proper warnings or instructions for safe use and consumers are injured as a result, a failure-to-warn claim can be pursued.
What Are Common Injuries Caused by Product Liability Accidents?
Product liability accidents can lead to a wide range of injuries, varying in severity from minor cuts and bruises to life-altering conditions. When a dangerous or defective product fails to function as intended, the consequences for users can be significant.
Common injuries that can result from product liability accidents include:
Cuts, Abrasions, and Bruises
Defective products can cause cuts, abrasions, and bruises due to sharp edges, protruding parts, or faulty mechanisms. While these injuries may seem minor, they can still lead to pain, discomfort, and the risk of infection.
Products that overheat, malfunction, or lack proper safety mechanisms can cause burns. These injuries range from first-degree burns (superficial) to third-degree burns (deep and severe), often requiring medical attention, skin grafts, and long-term care.
Broken Bones and Fractures
Accidents involving defective products can result in falls, impacts, or crush injuries that lead to broken bones or fractures. Depending on the severity, these injuries may necessitate surgical intervention, rehabilitation, and prolonged recovery periods.
Head and Brain Injuries
Inadequate safety features in products like helmets or faulty car seats can lead to head injuries, concussions, or traumatic brain injuries (TBIs). These injuries can have long-lasting cognitive, emotional, and physical effects.
Spinal Cord Injuries
Defective products can contribute to accidents causing spinal cord injuries. These injuries can result in partial or complete paralysis, requiring extensive medical treatment, rehabilitation, and lifelong adjustments to daily life.
Products without proper safety measures can lead to eye injuries such as corneal abrasions, foreign body injuries, or even permanent vision impairment.
Malfunctioning products can cause internal injuries such as organ damage or internal bleeding. These injuries may not be immediately apparent and can lead to serious health complications.
Products that release toxic fumes, chemicals, or other hazardous substances can cause respiratory problems, lung damage, or long-term respiratory illnesses.
Defective machinery or tools can lead to serious accidents resulting in the loss of fingers, hands, or other limbs.
Psychological and Emotional Trauma
Serious injuries caused by defective products can have lasting psychological and emotional effects, including post-traumatic stress disorder (PTSD), anxiety, and depression.
Contact Us Today!
If you were injured in an accident that was caused by a dangerous or defective product, a product liability lawyer at Friedland & Associates can meet with you during a free consultation to discuss your case and explain your legal options and rights.
If you decide to work with us, our legal team will get to work right away, investigating your accident and building a strong case to hold the negligent party or parties responsible for the harm you have suffered. Contact us today to schedule your free legal consultation to learn more.