Product Liability Lawyer Orlando, FL

Table of Contents

• Professional Assistance With Your Product Liability Case
• Defining a Product Liability Case
• Orlando Product Liability Infographic
• Orlando Product Liability Statistics
• Orlando Product Liability FAQs
• Contact Our Orlando Product Liability Lawyer Today

Understanding Product Liability

Product liability cases can vary, and in some situations, victims may find themselves taking legal action against some of the world’s largest companies. A product liability case occurs when someone has been injured as a result of the product purchased. When a product is defective, it may be possible to receive damages for losses. Common types of product liability cases you may require legal action for include:

• Unsafe Foods
• Inadequate Instructions on Packaging
• Toxic Chemical Exposure
• Defective Design Flaws
• Malfunctioning Products
• +More

As you may already know, there are several product liability cases that victims have pursued over the years. Big names in the media include Phillip Morris (tobacco), Dow Corning (breast implants), GM (auto parts), and Owens Corning (asbestos). No matter the size of the case, it’s imperative to begin searching for a trusted lawyer.

The Length of a Product Liability Lawsuit

This is a difficult question. The answer depends on a number of factors, including the number of cases on the docket and the complexity of the case. A liability lawsuit may be resolved within six months, or it could take two years or longer.

It could take even longer if there are a large number of plaintiffs who have suffered the same injuries. If this is the situation, you may be looking at starting a class action — essentially, a single lawsuit with hundreds of plaintiffs against a single defendant.  Class actions can take up to ten years to resolve. A product liability lawyer in Orlando can advise you on how to start a class action.

An alternative is multi-district litigation (MDL), which is becoming increasingly common with corporations operating in multiple states, or even internationally. Unlike a class action, each plaintiff’s case is treated individually. However, pre-trial motions and procedures are conducted in a single court.

Finding the Right Lawyer to Represent You

While accidents can range in severity, depending upon the injuries, the thought of taking legal action can leave someone feeling completely lost over what to do next. Know that one of your first steps should be to reach out to a lawyer who knows how to navigate the complicated territory of product liability law. However, by keeping the following tips in mind, you can have assurances that you are choosing the right lawyer to represent you:

1. Conduct online research and speak to people around you who may have recommendations
2. Read online reviews and ask prospective attorneys for case outcomes and referrals
3. Choose a professional who represents product liability cases
4. Schedule a consultation with prospective lawyers
5. Prepare yourself for the first meeting so that you have the necessary information and can stay on task and make and the most of your time

When you move through this process, our firm is confident that you will reach out for our services. Working with us can offer several advantages when pursuing your product liability case, including:

• A careful and thorough review of your case
• Clear direction for your case
• Determining who should be held responsible for their negligent actions
• Professionals who will manage negotiations with the opposing side
• Someone in your corner who will protect your best interests
• The ability to prepare for all possible directions your case may take
• Available to answer questions, provide counsel and support for moving forward with the process

Defining a Product Liability Case

When you purchase a product, you expect it to be tested thoroughly and shown to be safe. Unfortunately, that does not always happen. If the product was not properly tested, you should not be responsible for the medical expenses stemming from your injuries. 

What do you have to prove for your product liability case to be successful?

An Injury Took Place

First, you need to prove that an injury took place. Even though this might sound obvious, a defective product alone does not win you a product liability case. You have to prove you have gotten hurt. The easiest way to do so is to collect your medical records. That is why you need to see a doctor as soon as possible. The sooner you get your injury treated, the faster you can recover. Do not forget to ask for a copy of your medical records before you leave. Your product liability lawyer will need them to support your claim.

The Injury Stems From a Defect With the Product

Once you have proven you suffered an injury, you need to prove that the injury stems from a direct defect with the product. This is another area where you might need the assistance of a lawyer. Your attorney can reach out to experts in the industry to take a look at the design of the product. Then, he or she can take a look at the way the product was manufactured to see if something is wrong with it. After proving there is a defect present, you will also have to prove that the defect directly caused your injury.

You Used the Product Reasonably

Finally, to win your product liability case, you might also have to prove that you were using the product properly. Most products come with instructions. If you did not follow the instructions, then the company might not be responsible for your injuries. How can you prove that you were using the product as any reasonable person would have? This is another area where a product liability lawyer can assist you. You deserve to have your rights protected. Make sure you have the assistance of an experienced product liability lawyer.

A defective product is a product that has been manufactured in a way where it poses an unreasonable risk of harm to the person who uses it. In the United States, the law allows consumers who have been harmed by defective products to seek compensation for their injuries.

Defining a Defective Product

A defective product is a product that has been manufactured in a way where it poses an unreasonable risk of harm to the person who uses it. In the United States, the law allows consumers who have been harmed by defective products to seek compensation for their injuries. 

A product can be defective in two different ways:

• Design Defects. These are defects that affect the entire production line of a product. An example of a design defect would be if all of the seat belts in a car model had weak buckles that would break during an accident.
• Manufacturing Defects. These are defects that occur during the actual manufacturing process and only affect certain products. An example of a manufacturing defect would be if one out of every 100 seat belts from the same car model had weak buckles that would break during an accident.

Marketing Defects

These are defects related to how the manufacturer promotes or markets its products. Examples include failing to warn consumers about inherent dangers associated with using their products or not including clear instructions on how to use them safely. There are many reasons to file a defective products lawsuit: A product that causes injury. A product that is dangerous because it is poorly designed. A product that did not come with enough safety warnings.

If you want to sue the manufacturer of a product that caused you injury, you will need to show three things:

1. Liability. You must show that the manufacturer was negligent, or unreasonably careless, in designing or manufacturing the product you used. You must also show that the company knew or should have known about its defect and failed to fix it.
2. Causation. You must be able to link your injury directly to the defect in the product. If you are unable to prove causation, then you cannot recover damages from the manufacturer of that product.
3. Damages. You must have evidence of your injuries and their costs so you can seek compensation for them in court. That includes medical records, hospital bills, and other documentation of your injuries and any time missed from work, as well as estimates of future costs such as long-term therapy or rehabilitation needs, or special equipment you will need moving forward.

Anyone who has been hurt by a defective product may have a claim against a manufacturer or other company that was involved in selling, making, or designing the product. If you are considering suing or filing a claim against a company because of a defective product, it’s important to understand what kind of claim you may have, and what you will need to prove to win your case.

Orlando Product Liability Infographic

Orlando Product Liability Statistics

According to national statistics, more than 300 dangerous or defective products are recalled each year in the United States. Many of these recalls resulted from the injuries or deaths of consumers who used the products and had no idea of the dangers these items posed.

If you have been injured by a defective product, contact one of our product liability lawyers to learn about your legal options.

Orlando Product Liability FAQs

If you’ve been hurt by a defective product, your product liability lawyer can help you get some much-needed compensation. We’ve been helping clients with cases just like yours for over 20 years. Let’s get you up to speed with some answers to common questions:

How Do I Know If I Have A Valid Claim?

A claim is considered valid if the product that caused the injury was defective and directly led to your harm while being used as intended. This can include situations where there was a design flaw, a manufacturing error, or a failure to provide adequate warnings or instructions. If any of these scenarios apply to your case, and you suffered damages as a result, you likely have a strong foundation for a claim.

What Types Of Defects Can Lead To A Case?

There are generally three types of defects that could form the basis of a case: design defects, manufacturing defects, and marketing defects.

• Design defects are inherent; they exist before the product is made and imply that every item with this design could be potentially harmful.
• Manufacturing defects occur during the construction or production of the item and typically affect only a few products in a line.
• Marketing defects involve issues with how the product is marketed, such as insufficient safety warnings or improper labeling that misleads consumers about the proper use.

What Evidence Is Needed To Support A Claim?

Gathering comprehensive evidence is crucial to supporting your claim. This includes preserving the product itself as it serves as the primary piece of evidence. Additionally, documenting your injuries through medical reports, taking photos of the product and your injuries, saving purchase receipts, and collecting statements from witnesses can all bolster your case. This type of evidence will help demonstrate the defect in the product and link it directly to the injuries sustained.

Who Can Be Held Responsible In A Case?

Responsibility can lie with any party in the product’s chain of distribution, from the product designer and manufacturer to the retailer. Determining who is liable depends on the nature of the defect. For instance, if the product’s design is inherently unsafe, the designer might be liable. If an error occurred during the manufacturing process, the manufacturer could be responsible. Retailers can also be held liable, particularly if they sold a product despite knowing about its potential dangers.

How Long Do I Have To File A Lawsuit?

The timeframe for filing a lawsuit, known as the statute of limitations, varies by state but generally ranges from one to four years from the date of the injury. It’s critical to initiate legal action within this period to avoid losing your right to seek compensation. Since every state has its own timeframes, it’s best to contact a product liability lawyer for your case.

Contact Our Orlando Product Liability Lawyer

Choosing the right team to support you through these legal challenges is crucial. Our experienced team at David & Philpot, PL is committed to providing you with personalized and effective representation to ensure that your rights are protected. If you or a loved one has been injured by a defective product, there’s no time to waste. This practice was founded in 1988 and continues to serve those who have been injured. Get in touch with us today, and see how an Orlando product liability lawyer from our office can help.