Legal Assistance for Defective Products, Medical Devices and Medication

Product liability claims are unique – they typically do not follow the same rules and regulations as other Florida personal injury claims. To prove product liability, one must show:

• The product had a defect. There are three main types of product defects: manufacturing error, design flaw, or marketing mistake. A manufacturing error is any mistake that makes the product unsafe for use. A design flaw is an element in the design that makes the product inherently dangerous. A marketing mistake can be the failure to warn of risks or a breach of warranty.
• The plaintiff was using the product as the manufacturer intended. A common defense in product liability claims is that the injured party was misusing the item in some way and that this misuse caused or contributed to the incident. Plaintiffs must show they used the product as the designer intended or in a way the manufacturer reasonably should have expected someone to use it.
• The product caused an actual injury or monetary loss. There must be a link between the product’s defect and the plaintiff’s injuries. The plaintiff must also prove compensable damages, such as physical injuries or financial losses from medical bills, lost wages, or property damage.

Manufacturers have a legal responsibility to follow proper standards and regulations when manufacturing and testing their products. A company that fails to uphold this duty of care may be held liable for their negligent actions. When these actions lead to consumer injuries or wrongful death, victims have the legal right to pursue compensation for any damages incurred – but may not have the experience or confidence to bring a claim to a large company or manufacturer. In such cases, the lawyers at Freedland Harwin Valori Gander, PL have the knowledge and experience to fight for your recovery with large companies – even going to trial if necessary.