Did a defective product injure you in Palm Beach Gardens, FL? Most products are safe to use. However, defective products can cause severe injuries and wrongful deaths. If a defective product injured you or a loved one, you could be entitled to compensation from the parties responsible for the product.
Our attorneys at Kibbey Wagner Injury & Car Accident Lawyers have over 80 years of combined experience. Our team includes skilled and seasoned lawyers, including a Board-Certified Civil Trial Lawyer, earned by only about 1% of attorneys in Florida. We have recovered millions in personal injury settlements and trial verdicts for our clients.
Contact Kibbey Wagner Injury & Car Accident Lawyers at (561) 944-4000 to schedule a free consultation with one of our Palm Beach Gardens product liability lawyers. We are available 24/7 to talk to you.
How Our Palm Beach Gardens Personal Injury Attorneys Can Help You With a Product Liability Claim in Florida
Florida product liability laws hold manufacturers and other parties responsible if a defective product causes someone’s injuries in Palm Beach Gardens, Florida. However, proving a product was defective and going up against the responsible company can be challenging. You need an experienced attorney to fight for your right to fair compensation.
That is where our Palm Beach Gardens personal injury attorneys at Kibbey Wagner Injury & Car Accident Lawyers can help. Our attorneys are aggressive negotiators and fierce trial lawyers with extensive experience in product liability law.
When you hire us to handle your case, you can trust us to:
- Investigate the circumstances that led to your injury, including determining what caused your injury
- Identify the type of defect or dangerous condition that resulted in your injuries
- Gather evidence to link the defect to your injuries, including working with the best expert witnesses
- Analyze recalls and government records, if any
- Prepare a solid case proving the defendants are responsible for your injuries and damages
- Negotiate a fair settlement agreement with the at-fault parties
- Take your case to trial and argue the merits of your case to a jury if that is in your best interest
Our attorneys have been featured on national outlets, including The Boston Globe, NBC News, and Good Morning America. They have earned numerous awards and top ratings from nationwide legal organizations, including The National Trial Lawyers Top 100, Super Lawyers, and Avvo.
Call Kibbey Wagner Injury & Car Accident Lawyers to schedule a free case evaluation with one of our experienced Palm Beach Gardens product liability lawyers.
What Is Product Liability in Palm Beach Gardens, FL?
Product liability refers to a cause of action that arises when a defective product injures a consumer. Product liability laws are designed to protect consumers from dangerous products. The laws should incentivize manufacturers and other parties to ensure their products are safe to use. Unfortunately, that is not always the case.
For that reason, strict liability applies in most product liability cases. Strict liability imposes liability for damages even if the company exercised reasonable caution and did not intend to hurt someone. If the company makes an unsafe product, it can be liable for damages if it causes injury or harm.
Common Types of Product Liability Cases in Palm Beach Gardens, Florida
Most product liability cases are based on one of three defects:
Design Defect
A product may be defective because of a design problem that makes it inherently dangerous to use for its intended purpose. A defect would impact the entire product line because all products are manufactured based on the same design.
For example, if an ingredient in a product is linked to a higher risk of developing cancer, every product containing that ingredient would have the same risk.
Manufacturing Defect
An error or problem during manufacturing could result in a defective product. The defect could have occurred because the product was assembled incorrectly, the line was contaminated, or the manufacturer used the wrong materials.
For example, suppose a manufacturer changes one of the materials used to make the product because it is less costly. However, the inferior material makes the product unsafe. The defect would, in this case, impact all products.
On the other hand, suppose a batch of contaminated sugar was used to produce muffins. The entire batch of muffins would be defective. However, other batches made without the contaminated sugar should be fine.
Failure to Warn (Marketing Defect)
A company has an obligation to provide adequate instructions for using a product and clear warnings of potential hazards and risks. The warnings cover hazards and risks the company knew or should have known about. Failure to disclose this information could result in liability.
For example, suppose a drug company knew about a side effect that appeared during the testing phase. However, the company did not list the side effects as a potential risk. The company could be held liable for injuries for failure to warn.
At Kibbey Wagner Injury & Car Accident Lawyers, We Handle All Types of Product Liability Cases
Any product could have a dangerous defect that could hurt you or your child. Our attorneys take product liability claims very seriously. Call us for help if a product injured you or your family member, including but not limited to:
- Household appliances
- Children’s toys and furniture
- Power equipment and tools
- Medical equipment
- Over-the-counter and prescription medications
- Safety equipment
- Motor vehicles
- Personal care products
- Medical devices
- Heavy machinery
- Herbicides and pesticides
A product does not need to be subject to a recall for you to file a product liability claim. Likewise, a recall does not automatically mean you will win a product liability case. The best way to know if you have a claim is to speak with one of our knowledgeable product liability attorneys.
Damages Available in Florida for a Product Liability Claim
Defective products can cause severe injuries that result in substantial damages. Victims in a product liability lawsuit can recover compensation for economic and non-economic damages, including:
- Rehabilitative care and therapy
- Pain and suffering damages
- Past and future medical bills and expenses
- Lost wages, income, and benefits
- Mental anguish and emotional distress
- Diminished future earning capacity
- Impairments and disabilities
- Out-of-pocket expenses
- Loss of enjoyment of life and quality of life
- Scarring and disfigurement
- Long-term personal and/or nursing care
The amount you receive for a product liability claim depends on your injuries and other factors. If the evidence in your case proves that the defendant’s conduct involved intentional misconduct or gross negligence, you could receive punitive damages.
What Happens if the Manufacturer Blames Me for Causing My Injury?
Many defendants in personal injury cases try to shift the blame for the injury to the victim to avoid liability for damages. For example, in a product liability case, the manufacturer may claim that you modified the product or used the product for an unintended purpose.
However, Florida’s comparative fault statute could apply in some product liability cases. If the manufacturer proves that you were partially at fault for causing your injuries, your damages can be reduced by your percentage of fault. If your percentage of fault exceeds 50 percent, comparative fault bars you from receiving damages.
Our lawyers are prepared for these tactics. We will fight back against these claims by arguing you used the product as the manufacturer intended or in a reasonably foreseeable way.
How Long Do I Have in Florida to File a Product Liability Lawsuit?
Florida’s statute of limitations sets deadlines for filing product liability lawsuits. Generally, victims have four years from the date of injury to a product liability lawsuit.
However, cases based on strict liability could have a longer deadline. In some cases, such as when the injury is not discovered immediately, you may have additional time to file a lawsuit, depending on the circumstances.
It is never wise to assume you have plenty of time to file a claim or lawsuit for a defective product injury. Exceptions to the rules and factors in your case could change the deadlines. Protect your right to file a lawsuit by contacting our lawyers today for a free consultation to discuss your case.
How Much Does Hiring a Palm Beach Gardens Product Liability Lawyer Cost?
Our Kibbey Wagner Injury & Car Accident Lawyers attorneys take product liability cases for a contingency fee. We do not charge you any upfront fees when you hire our personal injury law firm. Instead, we are only paid after we win your case.
Our attorneys’ fees are based on a percentage of the amount we recover for your product liability claim. When you meet with our attorneys to discuss your case, we can discuss fees in greater detail.
Schedule a Free Consultation With Our Palm Beach Gardens Product Liability Lawyers
You should not suffer because a company developed and sold a dangerous product. Call Kibbey Wagner Injury & Car Accident Lawyers today for a free case review with one of our Palm Beach Gardens product liability lawyers to learn how we can help you fight for compensation after a defective product injury.
