Did you or a loved one sustain injuries due to a dangerous or defective product in New Port Richey, FL? Defective products cause more injuries than you might think. You may be entitled to hold the manufacturer strictly liable for damages to cover your medical bills, lost wages, and more.
An experienced New Port Richey product liability lawyer at Winters & Yonker Personal Injury Lawyers can help you fight to maximize your compensation.
Our lawyers have helped countless clients handle complex cases like yours. In fact, between us, we have over 119 years of experience in personal injury law. Call us now if you need assistance with any accident case, such as pedestrian accidents, premises liability in New Port Richey, motorcycle accidents, child injuries, catastrophic injuries, and more.
Don’t face off against a big product manufacturer alone. Contact or call our law offices in New Port Richey, Florida at (727) 910-5060 to schedule a free consultation with an experienced lawyer today.
How Winters & Yonker Personal Injury Lawyers Can Help With a Product Liability Claim in New Port Richey
Millions of Americans are injured by defective consumer products every year. Still, these cases are notoriously challenging to prove. Product manufacturers have teams of defense lawyers and insurance adjusters to protect them. You deserve a New Port Richey personal injury lawyer who can stand up for you.
At Winters & Yonker Personal Injury Lawyers, our lawyers have decades of experience in personal injury law. We’ve helped countless clients recover meaningful and life-changing settlements and verdicts.
Choose our legal team to protect you, and we will:
- Conduct an investigation into your accident and injury
- Identify the product defect responsible for your injury
- Determine who is liable for your damages
- Hire expert witnesses to testify on your behalf
- Handle all negotiations with the insurance companies and defense attorneys
- Represent you in court if necessary to achieve a fair result
Product manufacturers know how to defend themselves against allegations that they’ve caused injuries. Our New Port Richey personal injury attorneys are here to build the strong case you need. Just call for your free case review today.
How Common Are Defective Products in New Port Richey?
Defective products reach the market more often than you might think. Every year, defective products cause about 40 million injuries and 46,200 deaths in the United States.
It’s estimated that one-third of all FDA-approved prescription drugs have unanticipated side effects. In a study that examined more than 70,000 recalled medical devices, it was found that dangerous medical devices caused about 1.7 million injuries and 83,000 fatalities between 2008 and 2017.
What is My New Port Richey Product Liability Case Worth?
The value of your personal injury case will depend heavily on the following factors:
- The nature of your injuries
- The cost of your medical care
- Whether you lose wages during recovery
- How the injury impacts your future lifestyle and work
- The type of product defect involved
- The nature of the at-fault party’s actions
According to one study, the average jury verdict in product liability cases was about $7 million in 2020. However, the amount of compensation you recover will depend on the specific facts of your case. Some cases are only worth a few thousand, while victims with the most severe injuries may recover millions.
What Types of Damages Are Available to Victims of Defective or Dangerous Products?
Under Florida personal injury laws, you may be entitled to receive compensation for:
- Medical expenses
- Future medical care
- Lost wages
- Reduced future earning potential
- Rehabilitation and therapy
- Nursing care
- Property damage
- Pain and suffering
- Emotional distress, anxiety, and depression
- Chronic pain
- Disfigurement or scarring
- Loss of consortium
Never accept a settlement offer without consulting an experienced attorney. Insurance companies are notorious for downplaying the extent of a victim’s losses. Our lawyers are available to review your case for free, so call our law firm in New Port Richey today.
Can I Recover Damages If I’m Blamed for Being Hurt By a Defective Product in Florida?
Shared fault laws in Florida come into play if your case is based on negligence. Under the modified comparative fault laws in Florida, victims can recover partial compensation even if they were partly responsible for their own injuries. However, they cannot recover any money if they were mostly at fault.
In cases involving strict liability, manufacturing companies often try to blame the victim for misusing the product. Even if you did misuse the product, it won’t always bar you from seeking damages. Manufacturers can also be held liable if the misuse was reasonably foreseeable.
Our New Port Richey Product Liability Attorneys Will Fight to Recover Compensation for All of Your Injuries
The types of injuries caused by dangerous products depend on the type of product involved and the nature of the accident.
At Winters & Yonker Personal Injury Lawyers, we often represent injured clients who have sustained:
- Cuts, bruises, and lacerations
- Eye and facial injuries
- Broken bones
- Nerve damage
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage, including lung damage or kidney damage
- Cancer and other illnesses
- Catastrophic injuries
- Wrongful death of a loved one
Regardless of the types of injuries involved, our lawyers will do everything we can to fight for the money you need and deserve. Just call to schedule your free consultation today.
We Handle All Types of Product Liability Claims in New Port Richey, Florida
Our lawyers at Winters & Yonker Personal Injury Lawyers handle all types of product liability cases, including those involving:
- Prescription medications, including opioids
- Over-the-counter drugs, including proton pump inhibitors
- Medical devices, including hernia mesh, IVC filters, and hip implants
- Household appliances
- Children’s products, including toys, car seats, cribs, and playpens
- Machinery, tools, and equipment
- Vehicle components, including airbags, brakes, and seat belts
- 3M earplugs
- Household products
- Personal care products
- Roundup weed killer
- Vape pens
Any type of household product can become dangerous if it isn’t assembled properly. To learn more about your legal options, contact a New Port Richey product liability attorney today.
Overview of Florida Product Liability Laws
Product liability refers to a company’s responsibility for the safety of consumer products. Florida product liability laws allow injured parties to hold manufacturers who put dangerous products on the market liable.
Typically, you won’t have to prove negligence to recover damages. If you can prove that the product suffered from a defect that made it unreasonably dangerous, the manufacturer can be held strictly liable for your damages.
While you don’t necessarily have to prove negligence to recover damages, negligence theories may play a role in your case if a specific defect was not involved.
When is a Product Considered Defective?
Manufacturers are only strictly liable if you can prove the product was defective.
There are three primary types of product defects:
- Manufacturing defects
- Design defects
- Marketing defects or failure to warn
Depending on the type of defect involved, you’ll have to prove different things. Our lawyers can help you investigate to determine why you were injured. If others sustained similar injuries, our lawyers will work to determine whether you’re entitled to participate in a class action or multi-district litigation (MDL).
Manufacturing defects are caused by an error during the manufacturing process. The error can make a group of products defective or can impact only a single product. One common example of a manufacturing defect is a prescription drug that becomes contaminated during the manufacturing process.
Design defects, however, impact every single product in a class. A design defect is a danger that is created by the way the product is designed. Even if the product is assembled according to specifications, it is unreasonably dangerous if it suffers from a design defect.
If a reasonable, cost-effective alternative design exists, manufacturing companies are required to use that design instead of the dangerous design.
Manufacturers also have a duty to warn consumers about dangers inherent to the product. Not every product can be made 100% safe. However, if manufacturers fail to warn you about non-obvious dangers, they can be held liable. One example of a manufacturing defect is a failure to warn patients about the side effects of a medication.
How Long Do I Have to File a Product Liability Lawsuit After an Accident in Florida?
The statute of limitations in negligence-based personal injury cases is two years. If your claim is based on negligence, you will have two years from the date of your injury to file a personal injury lawsuit. However, you may have longer if your claim is based on strict liability. If you miss the dealdine, you can lose your right to seek compensation entirely.
Product liability cases take time to build. If you were injured, it’s beneficial to speak with an experienced attorney as soon as possible. That way, we can locate the strongest evidence possible to prove your case.
Contact a New Port Richey Product Liability Lawyer for a Free Consultation
If you’re considering taking legal action, don’t go it alone. An experienced New Port Richey product liability lawyer can handle all the legal aspects so that you can focus on recovering. To learn more about this area of law and our team’s experience, call Winters & Yonker Personal Injury Lawyers for a free initial consultation today.