Orlando, FL Product Liability Lawyer

Product Liability Lawyer in Orlando, FL

When consumers purchase products on the market today, they trust that their products are safe for use. However, sometimes, injuries or disasters can strike, which may require that you call upon our Orlando, FL product liability lawyer for help. Understanding product liability is essential; however, when you take the time to find the right lawyer to represent you, you can feel confident in knowing that your case is safeguarded. Contacting an experienced firm like David & Philpot P.L. can provide several advantages, which is why it’s best to start by scheduling a consultation with our firm. Our main office is located just 10 minutes from Orange County Court, so call us today.

What is 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.

Product Liability Infographic

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

When Should I Hire a Product Liability Lawyer

The primary duty of a product liability lawyer is to prosecute companies whose products have caused harm to a consumer. This prosecution may take the form of an individual or a class-action lawsuit, where a group of people harmed by a product come together to seek compensation. Here are some guidelines to use to assess whether or not you should hire a product liability lawyer.

You Have Acquired Food Poisoning

If you have become ill due to the negligence of a grocery store, restaurant, or another food supplier, hiring a product liability lawyer may be the right decision for you. Those who prepare food in all stages of production have a responsibility to keep the food fresh and free of contaminants to reduce the chances of somebody falling ill from consuming the product. Some of the symptoms of food poisoning include nausea and vomiting, diarrhea, cramps, chills, and weakness.

If you fell ill from eating food from a restaurant or fast food location, keep note of the time you made the purchase and, if it was from a chain restaurant, the location where you acquired the compromised food. If you believe that you got sick from eating packaged food bought at a grocery store, retain the packaging so that you may refer back to the serial number and other information on the product.

You Have Been Exposed to Harmful Chemicals

There are many ways that a person can be exposed to harmful or toxic chemicals through someone else’s ill will or negligence. A product liability lawyer can be helpful in these instances and let you know if you have a good case to make against the company or individual at fault. Some situations where you might have a product liability case include:

• Being exposed to lead paint, if a previous homeowner did not disclose that lead paint exists in a house
• Buying a toy that is later found to contain harmful substances
• Encountering mold, asbestos, and other toxic chemicals in the workplace

To prove your case, you may need to show how you were exposed to the chemical in question and that the chemical harmed you. It is wise to inquire about a possible lawsuit as soon as you have reason to believe that you were exposed to a toxic substance.

Product Liability

One of the tragedies of our modern system is that corporations engaged in the manufacture of consumer goods do not always put human health and safety above profit. A manufacturer may be aware of a potentially dangerous defect, but make the decision not to take action to correct it. The reason is that the accounting department has determined that it will cost more to fix the problem than it would be to pay out a few judgments. Unfortunately, tort reform laws have exacerbated this problem by putting limits on what a successful plaintiff can collect. Tort reform notwithstanding, you still have the right to recover expenses for medical care as well as non-economic losses such as pain and suffering.

How Long Does a Product Liability Lawsuit Take?

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.

Will I Need to Go to Court?

If you are the lead plaintiff in a class action, you will be representing all other plaintiffs, so the answer is yes. Furthermore, you will work closely with the attorney and are responsible for maintaining communication with your fellow plaintiffs.

You Purchased a Malfunctioning Product

If you purchased a product that contains a defect, you may have a case that you can take to a product liability lawyer. Some of the more common product malfunction cases include those involving car parts that do not work correctly to ensure the safety of passengers.

If any of these unfortunate incidents have happened to you or your family, an attorney who works in the product liability field may be able to help.

At David & Philpot P.L., we have witnessed firsthand the tremendous losses faced by victims. We are passionate about helping our clients receive the compensation they deserve after experiencing physical pain and financial loss.

What Defines a Product Liability Issue

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.

What is 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.

The law that governs claims for injuries caused by defective products is called “product liability law.” Product liability means that a manufacturer, distributor, wholesaler, or retailer is responsible if its product causes injury because it is flawed or defective. A manufacturer can be held liable for damages caused by its defective products under three different legal theories: strict liability, negligence, and breach of warranty.

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.

Get In Touch With Us Today

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.