Note: This content is for informational purposes only, our law firm does not handle matters involving product liability.
Were you or a loved one injured because of a dangerous consumer product in Fort Walton Beach, FL? You may be entitled to significant compensation. Contact an experienced Fort Walton Beach product liability lawyer at Brannon & Brannon to learn about your right to compensation for medical bills, lost wages and more.
Our trusted lawyers have been standing up for injured clients across the Florida panhandle for decades. We’ve recovered tens of millions of dollars in compensation over the years.
Product manufacturers deserve to be held responsible when they sell defective products. To explore your legal options, call our law firm in Fort Walton Beach, Florida at (850) 863-5297 to schedule a free consultation, or contact us here.
How a Personal Injury Law Firm Can Help With a Product Liability Claim in Fort Walton Beach, FL
The Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC) and numerous other agencies exist to protect consumers from unsafe products. Still, injuries caused by defective products cost an estimated $1 trillion each year in the U.S.
Product manufacturers and designers should take responsibility when they put dangerous products on the market. Instead, they usually fight back aggressively to avoid liability and expensive class action lawsuits.
You deserve a Fort Walton Beach personal injury lawyer with experience handling complex product liability claims–not just estate planning or family law cases.
What is My Fort Walton Beach Product Liability Case Worth?
Every case is slightly different. A lawyer can offer more information about how much your personal injury claim is worth in a free case review.
Some of the factors that we’ll consider when estimating your case value include:
- The severity of your injuries
- The nature of the product defect that caused your injuries
- How the injury will impact your life, emotional wellbeing and physical abilities in the future
- The cost of your current and anticipated future medical treatment
- Whether the injury impacts your ability to work
- Whether your case is best handled independently or through a class action lawsuit
Product manufacturers buy insurance to protect them from product liability lawsuits. That doesn’t mean the insurance company will simply hand over the money you deserve. They’ll fight tooth and nail to minimize your payout–and their own financial exposure. Brannon & Brannon has the knowledge, experience, and resources to stand up against them.
What Types of Damages Are Available to Victims of Dangerous or Defective Products?
You could be facing significant costs if you were seriously hurt. Under Florida personal injury laws, you deserve to be made whole again if you were hurt because of someone else’s actions. You’re entitled to seek two primary types of damages in a product liability case: economic damages and non-economic damages.
Your economic damages award may include money for:
- Past medical expenses
- Future medical care
- Lost wages while you recover
- Lost future earnings
- Nursing care
- Property damage
Your non-economic damages compensate you for personal losses, such as:
- Pain and suffering
- Emotional distress, including anxiety and depression
- Diminished quality of life
- Disfigurement or scarring
- Chronic pain
- Loss of consortium
We’ll Fight to Recover Compensation for All of Your Injuries
Just like car accidents, dangerous products can cause serious injuries–some of which can even be permanent.
A law firm can fight to recover fair compensation for all of your injuries, including:
- Eye injuries
- Cuts and lacerations
- Broken bones
- Nerve damage
- Facial injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Electrocution injuries
- Burn injuries
- Amputation injuries
- Catastrophic injuries
- Wrongful death of a loved one
Your compensation award should also account for the emotional and psychological damage that an accident can cause.
The Lawyers Can Handle all Types of Product Liability Claims in Fort Walton Beach, Florida
These cases involve defective:
- Prescription drugs
- Over-the-counter medications
- Medical devices
- Household appliances
- Children’s car seats
- Children’s toys and furniture
- Defective vehicles, airbags and vehicle safety equipment
- Vape pens
- Work equipment and tools
- Household chemicals, including Roundup weed killer
- Personal care products, including talcum powder
If you or a loved one were injured because of a dangerous product, call our law offices today. We’d be happy to schedule a free case review and explain your rights.
How Do I Prove a Product Liability Claim in Florida?
Product manufacturers are responsible for making sure the products they sell are reasonably safe. When they fail to do so, they can be held financially liable for damages.
Most personal injury lawsuits are based on negligence.
Elements of a Negligence Case
In a negligence case, the victim has to establish:
- The at-fault party owed them a legal duty of care
- A breach of the duty of care
- The breach caused an accident
- The damages caused by that accident
Some product liability claims in Florida are based on negligence. However, companies can be held strictly liable when they sell defective consumer products and people get hurt.
Elements of a Strict Liability Case
To recover damages in a strict liability case, the victim must prove:
- The product suffered from a defect
- You used the product as intended or in a reasonably foreseeable way
- The defect was the cause of your injury
- You suffered damages
Three primary types of defects exist under products liability laws:
- Design defects
- Manufacturing defects
- Marketing defects
Often, these defects can be established using a “consumer expectations test”. In other words, by showing that the product failed to meet the reasonable expectations of consumers.
A product suffers from design defects if the design of the product makes it unreasonably dangerous. These products are dangerous even when built according to specifications.
For example, many argue that Roundup weed killer suffers from a design defect because of the product’s chemical composition.
Even if a product’s design is safe, it can be defective if it’s put together incorrectly. For example, if a batch of medications are contaminated, that batch might suffer from a manufacturing defect that makes it unsafe for consumer use.
Marketing Defects or Failure to Warn
Most products come with instructions and warning labels. Those marketing materials are designed to keep consumers safe when using the product. Product manufacturers can be held liable for failure to warn consumers about known risks or side effects.
Product liability cases and insurance laws are extremely complex. The companies that sell defective products often have deep pockets and will do whatever they can to deny responsibility. Our civil trial lawyers can help you fight for the money you need. If you were hurt, reach out to schedule a free case evaluation today.
Can I Recover Damages If I’m Being Blamed for My Injuries in Florida?
The product manufacturer might try to blame you for causing your own injuries. Insurance companies often use this tactic to avoid paying the full compensation you deserve. For example, they might try to scare you into backing down by claiming you used the product incorrectly.
However, Florida modified comparative fault laws are only relevant in negligence cases. If the product was defective and unreasonably dangerous, you may be entitled to damages in a strict liability case if you used the product in a way the product manufacturer should have anticipated.
In a product liability case based on negligence, you can still recover damages if you’re not mostly to blame. Your compensation can be reduced, however, in proportion to your percentage of fault.
How Long Do I Have to File a Product Liability Lawsuit After an Accident in Florida?
The state of Florida limits the amount of time you have to take legal action. The statute of limitations in most product liability cases is four years. You’ll have four years after the date of your injury to file a personal injury lawsuit. However, you could have less time if your case is based on negligence rather than strict liability.
The clock usually starts running on the date you were injured. In some cases, you might not know that a defective product caused your injuries.
For example, if you were harmed because of a defective prescription drug, the clock starts running on the date you reasonably should have known about the injury.
Our personal injury law firm in Fort Walton Beach, FL also provides:
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