Receiving Compensation for a Products Liability Claim in Florida
Were you injured using a product you had every reason to believe was safe?
Consumer products injured an estimated 38.6 million people in 2008, and 35,900 of those injuries were fatal, according to the U.S. Consumer Product Safety Commission.
At the AV® Preeminent™ rated personal injury law firm of Baker & Baker, we believe that you have the right to trust that the products you buy are safe, whether it’s a prescription drug, a child’s toy, tires for your car, a household appliance, or food. Companies must meet safety guidelines in the design, manufacture and labeling of the goods they produce, distribute and sell. Unfortunately, as the statistics show, this is not always the case.
So if you have been injured by a defective product, who pays? As Pensacola product liability lawyers helping people across the Gulf Coast, we make sure that your case is properly valued and that all responsible parties are held liable. Those liable may include:
- Designers. If flaws in the design of a product (design defects) caused your injury, the designers or engineers may be accountable.
- Manufacturers. Those who produce goods are responsible for ensuring that their products comply with safety regulations.
- Marketers. Those who package and market goods are responsible for including instructions on the proper use of the product, as well as warnings about toxicity, flammability or other possible dangers.
How strict liability applies to Florida defective products lawsuits
In most Florida personal injury cases —whether in Pensacola or Panama City or anywhere else in the state — you must prove negligence to pursue a successful claim. Negligence means that the accident occurred because someone didn’t exercise the level of care that a reasonable person would have exercised under the circumstances.
In many product liability claims, however, strict liability applies. In strict liability, it is not necessary for our products liability attorneys to prove fault. We need to prove only that the product was defective, that you were injured, and that the defective product caused your injury.
There are other legal theories that you can pursue besides negligence or strict liability. You may have a claim for breach of warranty, or if you were misled, you may have a false advertising claim.
If you have been harmed by a defective product…
- First, get medical attention. Make sure you keep all the medical records, as they are an important part of your claim.
- Gather warranties, product brochures, manuals, instruction guides and receipts.
- Photograph the accident scene and your injuries.
- Keep the product, even if it is damaged. Make sure it is in a safe place so that no one else can be harmed.
- If there were witnesses to the accident, get their names, addresses, phone numbers and any other contact information.
- Do not talk to anyone except your attorney about the product, the incident or your injuries. The insurance company will try to use anything you say against you.
Get full compensation for your injury caused by a defective product
To schedule a free consultation to discuss your case with one of our experienced Pensacola personal injury lawyers, please contact us online or call us at 850-316-8247.