Have you been injured while using a dangerous or defective product in Stuart, FL? You may have the right to file a product liability lawsuit against the manufacturer. The experienced Stuart product liability lawyers at Kibbey Wagner, PLLC are here to help you fight to maximize your financial recovery. Give us a call today at (772) 444-7000 to get started.
At Kibbey Wagner, PLLC, we are led by a Board Certified litigator and former insurance defense attorney. Collectively, our legal team has 40 years of experience and has won over $60 million in damages for clients like you.
Put our experience, resources, and reputation behind your fight for compensation. Put yourself in the best position to win. Contact our law offices in Stuart, Florida, to arrange a time for your free consultation to learn more today.
How Our Stuart Personal Injury Lawyers Can Help If You’re Hurt by a Defective Product
When you use a product, you expect that it’ll be safe. Unfortunately, that’s not always the case. When you are injured because a product is unreasonably safe or dangerous, the company responsible for it can be held accountable.
But going up against a big corporation or even a small family business can be a challenge. You’ll need to fight hard to get the money you deserve.
That’s where our personal injury lawyers in Stuart, FL can help.
We are top-rated, well-respected litigators who are passionate about helping injury victims just like you. Since 2014, it’s what our law office has been dedicated to.
While you have the opportunity to concentrate your efforts on getting better, our team will handle every aspect of your product liability claim.
- Determine what type of defect or hazard caused you to get hurt
- Identify any product recalls, either by the manufacturer or a government agency
- Gather evidence to demonstrate a link between your injuries and the product defect
- Prepare a strong claim for damages supported by facts and evidence
- Negotiate with the manufacturer and or their insurance company on your behalf
We will work hard to get a meaningful settlement for you in a timely manner. However, if insurance companies refuse to cooperate or offer a fair deal, our accomplished trial attorneys will be more than ready to bring your case to a jury in Martin County.
Give us a call to set up a time to speak about your situation today. We work on a contingency fee basis and offer a free consultation, so there’s no risk in asking for our help with your product liability lawsuit. You only pay if we win your case.
What Is Product Liability?
Product liability refers to a set of consumer protection laws that help to ensure safe products are marketed and sold in the state of Florida.
Since there’s no way to regulate every product that is sold, it’s really up to the manufacturer to make sure products are safe for consumers to use. To give a little bit of extra incentive to ensure product safety, Florida law explains that companies can be strictly liable if their products are defective.
Strict liability attaches regardless of the care or caution a company exercises in designing, manufacturing, or marketing a product. If the product is unreasonably unsafe, it can be on the hook for resulting damages.
Florida’s product liability laws also allow consumers to sue companies for negligence.
What Are the Different Types of Product Liability Cases?
There are three main types of product liability cases: design defect, manufacturing defect, and marketing defect.
Defective design refers to a product that is inherently dangerous because of the way it was designed. It doesn’t matter how carefully it’s assembled or how much it’s tested; it’s still dangerous because of its blueprint.
For example, Roundup weed killer is alleged to have a defective design because its main ingredient, glyphosate, has been linked to cancer. Since the product can’t be made without glyphosate, its design is defective.
A manufacturing defect exists when a product isn’t assembled or built according to its design and, as a result, is dangerous.
Manufacturing defects can affect one single item on a product line or every product that’s produced.
For example, if a company used the wrong size bolt to assemble a piece of heavy machinery and it malfunctioned as a result, that would be considered a manufacturing defect.
Marketing Defect (Failure to Warn)
Companies have an obligation to warn consumers about potential risks or hazards that could occur while using their products. This means that a company has to disclose any hazards that it knows or should know about. A failure to disclose these risks can result in liability if a consumer gets hurt.
For example, pharmaceutical companies are often faced with litigation over the failure to warn patients about potential side effects and risks associated with prescription drugs. If there’s evidence that a drug isn’t tested properly or that risks aren’t disclosed, the company can be strictly liable for the patient’s injuries.
We Handle All Types of Product Liability Cases in Stuart, FL
At Kibbey Wagner, PLLC, we represent clients in all types of product liability matters.
Contact us for assistance if you or a loved one has been injured while using:
- Children’s toys
- Heavy machinery
- Cars, trucks, and other vehicles
- Safety equipment
- Prescription medication
- Over-the-counter medication
- Medical devices
- Medical equipment
- Pesticides or herbicides
- Household appliances
- Household chemicals
- Tools and power equipment
- Lawn mowers and yard equipment
- Personal care products
The product may or may not be subject to a recall. Just because a product is recalled doesn’t mean you’ll have the right to file a lawsuit or that you’ll win. However, that can be helpful in establishing a defect and a link to your trauma.
What’s My Stuart Product Liability Lawsuit Worth?
As with any type of personal injury case, it really all boils down to two things.
- What types of injuries did you suffer, and how severe are they?
- How will the injuries and trauma you’ve experienced change your life?
The more catastrophic your injuries and the more significant the impact the trauma has on your life, the more your case is likely to be worth.
However, many factors need to be taken into consideration when discussing value.
- Your age at the time of the accident
- Your earning capacity and ability to work
- Shared responsibility and fault
- Aggravation of pre-existing medical conditions
- Steps you took to mitigate your injuries
The best way to know how much money you may be able to get by filing a product liability claim is by speaking with an attorney.
Get in touch with our reputable legal team to arrange a discussion about your product liability case today.
We’ll listen to your story, review available fax and evidence, and give you a ballpark of what your case might be worth.
What Damages Are Available If I’ve Been Injured Because of a Dangerous Product?
You can see compensation for your financial losses (economic damages) and pain and suffering (non-economic damages) if you file a product liability lawsuit in Stuart, Florida.
This can include money for:
- Medical bills
- Future medical expenses
- Chronic physical pain
- Mental anguish
- Nursing care
- Property damage
- Reduced quality of life
- Loss of consortium
- Wrongful death
If there’s evidence that a company intentionally concealed risks involved in using a consumer product or engaged in fraudulent behavior, punitive damages may also be on the table.
Trust that our product liability attorneys will aggressively pursue all damages available to you under Florida State law.
Can I Recover Compensation If the Manufacturer Is Trying to Blame Me For Getting Hurt?
The company responsible for producing the dangerous product might try to say that they’re not liable because you didn’t use the product as intended.
It’s important to know that you will have to establish that you were using the product:
- As intended by the manufacturer, OR
- In a reasonably foreseeable way.
This helps to limit litigation when consumers are injured while using products in an unsafe manner or in a way that wasn’t intended. As long as you were trying to use the product for a foreseeable purpose, you should reserve the right to sue if you get hurt.
When Do I Have to File a Product Liability Lawsuit for Damages?
In Florida, the statute of limitations for product liability lawsuits is four years. The clock begins to run on the date you are injured or discover your injury, whichever is later.
Florida also has a statute of repose that applies to product liability matters. For a product that has an expected useful life of 10 years, the statute of repose is 12 years.
Simply put, you’ll typically have 12 years from the date a product is first sold to file a product liability lawsuit. This is true, even if an injury isn’t discovered within that 12-year window. There are exceptions, especially when it’s clear that a company knew about and concealed a defect.
It can be difficult to know how much time you really have to file a product liability lawsuit after getting hurt in Stuart, FL. Contact our experienced attorneys at Kibbey Wagner, PLLC, to ensure that you don’t miss out on well-deserved compensation because of a procedural technicality.
Schedule a Free Initial Consultation With Our Experienced Stuart Product Liability Lawyers
Have you sustained injuries while using a dangerous product in Stuart, Florida? Kibbey Wagner, PLLC, will help you fight to hold the company behind that product accountable.
Our Stuart product liability lawyers will invest whatever time and resources are necessary to get you maximum compensation for your injuries and suffering.
Give our law office in Stuart a call to arrange a time for your free consultation today.
Our personal injury law firm in Stuart, FL also provides:
- Bicycle Accident Attorney in Stuart
- Brain Accident Lawyer in Stuart, FL
- Car Accident Lawyer in Stuart, FL
- Catastrophic Accident Lawyer in Stuart
- Motorcycle Accident Lawyer in Stuart, FL
- Pedestrian Accident Attorney in Stuart, FL
- Premises Liability Lawyer in Stuart
- Truck Accident Lawyer in Stuart, FL
- Wrongful Death Lawyer in Stuart