Were you harmed by a defective product in Florida? You may be entitled to compensation for medical bills, pain and suffering, and more. An experienced Clearwater product liability lawyer at Winters & Yonker Personal Injury Lawyers can help you fight to be made whole again. Call (727) 493-4418 for a free case evaluation today.
Our lawyers have more than 119 years of combined experience helping personal injury victims recover the fair compensation they deserve. We’ll aggressively represent your legal rights and interests every step of the way.
Product liability cases can be complex, but our legal team is more than up to the task. Contact our law offices in Clearwater, Florida for trusted legal advice during a free consultation.
Defective products cause about 40 million injuries and 46,200 deaths in the United States each year. Often, products are defective because manufacturers cut corners. That helps them maximize their profits. It also puts consumers like you at risk.
Manufacturers know this, and they hire teams of defense lawyers to protect them. An experienced Clearwater personal injury lawyer can help you fight for justice. At Winters & Yonker Personal Injury Lawyers, we have decades of experience fighting insurance companies and winning.
Our law group will help with your case by:
- Identifying the product defect that caused your injuries
- Locating all responsible parties
- Consulting experts to prove your case
- Determining whether others have suffered similar injuries
- Determining the full and fair value of your personal injury case
- Negotiating with the insurance companies for a fair settlement deal
Product liability cases can be complicated. Expert opinions are often required to prove your case. Our Clearwater personal injury attorneys have the resources to build the strong case you deserve. To learn more about this area of law, call for a free consultation today.
What Is Product Liability?
Product manufacturers are required to make sure their consumer products are reasonably safe. Under Florida product liability laws, manufacturing companies can be held strictly liable if their products are defective and cause injuries.
That makes product liability different from most personal injury cases. In your typical car accident case, the victim will be required to prove negligence to recover compensation. In product liability cases, the victim must prove:
- The product suffered from a defect
- The defect caused them to suffer some type of injury or harm
If the product was not defective, however, you may still be entitled to compensation if the manufacturer was somehow negligent or reckless.
To prove negligence, you must establish:
- The defendant owed you a legal duty of care
- A breach of the duty of care occurred
- The breach caused your injuries
- The damages you sustained as a result
Do you have questions about the legal theories that apply in your case? Our Clearwater product liability attorneys have years of experience helping injured clients like you. You can call anytime to schedule a free case evaluation to get started.
When Is a Product Defective?
Manufacturing companies aren’t always strictly liable for damages. They’re only subject to strict liability laws if the product was defective.
There are three types of product defects that are relevant in product liability cases:
- Design defects
- Manufacturing defects
- Marketing defects
The type of defect involved is important. Different types of evidence will be used to prove each type of product liability case. Our lawyers can help you gather the evidence you need and determine whether you have a valid product liability claim.
For more information about your legal options, call our Clearwater law firm to schedule a free initial consultation today.
Design Defect Cases
Design flaws are inherent flaws in the product’s design. These products are unreasonably dangerous even if they are assembled according to specifications. One recent example of a design defect is Roundup weed killer. Victims have alleged that they were subject to an unreasonably heightened risk of developing cancer because of the ingredients in the product.
When a safer alternative design exists, the manufacturer may be required to use that design if the alternative design is reasonable.
Manufacturing Defect Cases
Products that suffer from manufacturing defects are safe if assembled properly. The product only becomes dangerous because of a mistake during the manufacturing process. The mistake can impact a single product or an entire batch of products.
For example, if a batch of prescription medications is contaminated during the manufacturing process, the batch may suffer from a manufacturing defect.
Marketing Defect Cases
Not every product can be made entirely safe. Manufacturers are required to warn consumers when their products carry non-obvious risks. When they fail to provide adequate warning, they can be held liable for failure to warn. On the other hand, manufacturers have no duty to warn about obvious risks.
What Is My Clearwater Product Liability Case Worth?
All product liability claims are different. Our lawyers will review the facts of your case carefully when estimating your case value.
Generally speaking, the following factors tend to be relevant in calculating the value of a personal injury case:
- The severity of the harm or injury you have suffered
- The cost of your medical treatment, rehabilitation, and care
- How the injury will impact your future work, education and lifestyle
- The type of product and defect
- Whether you are able to participate in a class action lawsuit or multi-district litigation (MDL)
Consulting an experienced lawyer is the best way to understand how much your case is worth. Our Clearwater product liability attorneys will work with your doctors and other experts to evaluate your case value. Just give us a call to schedule your free case review today.
What Types of Damages Are Available to Victims of Defective or Dangerous Products?
Victims of dangerous or defective products are entitled to seek compensation for their economic damages and non-economic damages.
Depending on the nature of your injuries, you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages, income, and employment benefits
- Lost future earning capacity
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Chronic pain
- Anxiety, depression, and PTSD
- Loss of consortium
Additional damages may be available if you lost a family member because of the defective product.
Our Clearwater Product Liability Attorneys Will Fight To Recover Compensation for All of Your Injuries
Dangerous products can cause many different types of injuries, including:
- Cuts and lacerations
- Facial injuries
- Broken bones
- Nerve damage
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Internal injuries
- Illnesses, including cancer
- Catastrophic injuries
- Wrongful death of a loved one
We know that a serious injury can turn your life upside down. Our legal team is here to help, so call our law firm for a free case review today.
Can I Recover Damages If I’m Being Blamed for Causing My Own Injuries in Florida?
If your case involves negligence, you may be blamed for causing your own injuries. Under the modified comparative fault laws in Florida, you can recover damages even if you are not mostly responsible for your accident. If you are 50% or less to blame for the incident, your compensation will just be reduced by your share of the fault.
If you’re being blamed for an injury, contact our lawyers in Clearwater right away. Not all insurance allegations are legitimate, and we can help you fight back.
We Handle All Types of Product Liability Cases in Clearwater
Any type of product can become dangerous if it suffers from a defect, even if the product is FDA-approved.
At Winters & Yonker Personal Injury Lawyers, we handle all types of product liability claims in Clearwater, including those involving:
- Prescription drugs
- Medical devices
- Children’s toys, furniture, and products
- Children’s car seats
- Defective vehicle components, including airbags and seatbelts
- Roundup weed killer and other lawn care products
- Household appliances
- Work equipment and tools
- Cars and motor vehicles
- Chemicals and other toxic substances
- 3M earplugs
- Personal care products and cosmetics
- Juul vape pens
The manufacturer of a defective product can be held strictly liable when consumers are injured due to a product defect. That’s true regardless of the type of product involved.
How Long Do I Have To File a Product Liability Lawsuit in Florida?
Victims have two years to file a negligence-related personal injury lawsuit under Florida law. However, if your claim rests on strict liability, you may have longer. The statute of limitations usually starts running on the date you suffer the injury.
Depending on the nature of the product and the injuries you’ve sustained, however, you could have more time. In some cases, the statute of limitations won’t run until you reasonably should have discovered the harm.
If you’re concerned about the deadline in your case, call Winters & Yonker Personal Injury Lawyers, to take legal action today.
Contact a Clearwater Product Liability Lawyer for a Free Consultation
When you were injured by a defective product, the manufacturing company should be held accountable. An experienced Clearwater product liability lawyer can give you the best chance of recovering full compensation.
To learn more about your legal rights, contact Winters & Yonker Personal Injury Lawyers for a free initial consultation today.