Florida Product Liability Lawyers Fight Against Dangerous Products
The product liability lawyer Longwood, FL residents seek for representation at David & Philpot, PL, can help you obtain compensation if a dangerous product has caused you injury. If you have used a product in the ways indicated in its instructions, it should not harm you in any way. Sometimes, however, a product can have inherent problems that will cause its users harm. In these cases, the manufacturer, distributor, or others involved in the production or selling of the product may be liable for any injuries sustained.
Quick Reference Links:
- Defective or Dangerous Drugs
- Defective Products
- Product Recalls
- Automotive Product Liability
- Why David & Philpot, PL?
Defective or Dangerous Drugs
For the last decade, the Food and Drug Administration (FDA) has approved an average of 24 new drugs a year yet many of these drugs pose significant health risks to their users including long-term side effects. All the while, the drug companies continue to rake in billions of dollars in profits. When issues are discovered with new drugs, the FDA attempts to respond in various ways including writing reports, demands for more trials, increased warning label requirements, advertising restrictions, etc. These efforts can take months or years to have an impact and in the meantime, some users of these drugs continue to experience devastating consequences.
Side effects from dangerous drugs can range from birth defects, to suicidal behavior, to various forms of cancer, blood clots, heart attacks, strokes, and uncontrollable bleeding. If you believe you have suffered the effects of a dangerous or harmful drug, contact us at David & Philpot, PL today. Do not delay! We will evaluate your case and determine if you have a claim.
As consumers, we generally trust that the products we buy and use will not cause us harm. Sometimes that’s not the case. Our team handles cases involving all types of defective products. Products with defects have been known to cause serious injury, and even death. Aside from motor vehicles and parts associated with them, the term “products” can include:
- Agricultural products
- And others
There are three main areas where a defect or defects can affect a consumer product. They are:
- Design Defects – Product defects showing that the designer ignored safer alternatives when creating specifications for the product. This is a defect that existed before the product was made for wholesale consumption.
- Manufacturing Defects – Product defects showing that the manufacturer did not meet the specifications of the product designer.
- Marketing Defects – Products promoted or advertised in ways that do not adequately warn people of the dangers using them might impose. These can include misleading or inadequate labels or incomprehensible/incomplete instructions for use.
When a product has been shown to be dangerous, the manufacturer may issue a product recall. However, this usually does not happen until a substantial number of people have purchased and used the product, subjecting themselves to the possibility of severe injury. If you have been injured by a recalled product, you may have a product liability case. Simply contact our FL product liability attorney in Longwood for a case review with our attorneys for more information about product recalls and product liability.
Automotive Product Liability
Some cars, trucks, and other vehicles may be released onto the market without having fully functional safety features. Sometimes this may be due to a flaw in the production of all vehicles on the market, while other times only one or two of the vehicles may carry this defect. Automotive product defects can include problems with seatbelts, airbags, and other features. Visit our crashworthiness page for more information on defective vehicles and automotive parts. If you have been involved in an accident and have been injured due to the malfunction of a car part or parts, contact our attorneys to schedule a consultation.
SUVs and other vehicles can rollover when involved in an accident. This kind of accident can be incredibly dangerous to those inside the car, as the roofs of many vehicles are not designed to support the weight of the entire vehicle, and may cave-in upon impact. Cases of rollover accidents can often focus on crashworthiness, a term that refers to a vehicle’s ability to protect its occupants when an accident occurs. More information on rollover accidents can be found on our page devoted to crashworthiness and defective automotive products. This may be a case of product liability, and our attorneys may be able to help.
Drivers place implicit trust in the quality of their tires. If a tire blows out or loses its tread, it can cause a serious accident, and has the potential to severely injure the vehicle’s occupants. For more information on defective tires, please visit our crashworthiness page. If you or a loved one has been in an accident due to defective car tires, please contact our attorneys to determine if you have a case. Our attorneys can review your product liability claim to see if you may be entitled to compensation.
Types of Product Liability Lawsuits
After evaluating your case, we will let you know whether it qualifies for legal action. In general, there are a few different types of product liability lawsuits. It is important to note that you must have been using the product as instructed when the injury occurred. Misuse of the item which led to harm is likely to disqualify you from pursuing a lawsuit against the manufacturer or other related party.
The claimant has to show that the party responsible was being careless when manufacturing or designing the product that led to physical injury. What must first be demonstrated is that the at-fault party had a duty to sell a product that was safe for consumer use. Our team can work with you to show that this party had breached his or her duty through proving that there was knowledge of the item being defective or unsafe. Negligence may have occurred during any of these product manufacturing steps:
- During the drawing or brainstorming stage of the product design
- Failing to maintain the machines used for creating components of the product
- Failing to properly inspect or test the item before selling to consumers
- Putting the product into the mainstream too quickly
Under a strict liability case, the injured person only has to show that the defect in product occurred, and that injury or fatality resulted because of it. If the defect does exist, a manufacturer can be held responsible for damages, whether they used proper caution or not when making the item. In order for strict liability to apply to a case, the item must have been bought in the chain of distribution. Products bought thrift or second-hand are not eligible for compensation through a strict liability claim.
Breach of Warranty
When an item is sold, there are a couple warranties that the buyer depends on, including the implied warranty and expressed warranty. Express warranty refers to the representation of the product and that it is safely made by the retailer or manufacturer. Furthermore, implied warranty has to do with the implied promise that the item is safe for use when used correctly.
Why choose David & Philpot, PL for your Product Liability Case?
Product liability lawsuits can be either filed independently, or as a class action if a large number of consumers are injured in a similar way. We can let you know whether filing alone or as a class action lawsuit is in your best interest. A class action lawsuit may be recommended when the amount of damages every plaintiff will receive is substantial, and when the value of an individual lawsuit would not outweigh the legal costs.
Our team of experienced lawyers want to help victims of dangerous and defective products. The tragic effects of using dangerous products that we think are safe can hurt us physically, emotionally, and financially. We understand the complexities of product liability cases and can work with you to get the compensation you deserve. Contact us at David & Philpot, PL today and a Florida product liability lawyer in Longwood will review your case.