The Florida product liability lawyers at Maderal Byrne & Furst PLLC go above and beyond to achieve justice for you. When you’re up against powerful companies, we will fight for you relentlessly.
If you or a family member has been hurt by a product, we invite you to contact us. Learn about your case and see how our Florida product liability lawyers may represent you.
Did you know…
- If you’re hurt by a product that you use or encounter, you may receive compensation.
- Florida law recognizes dangerous product claims. Victims may receive damages that include economic and non-economic losses.
- A product’s liability action may be based on strict liability, negligence, breach of warranty, or nuisance. Proving negligence isn’t required for a product liability case.
- You may have a lawyer represent you. Maderal Byrne & Furst may represent you.
Our lawyers have recovered over $1 billion for our clients. We want each person that we represent to receive fair compensation for what has happened. We offer experienced legal counsel and high-quality representation. Contact us now to talk about your situation.
Lawyers for Dangerous and Defective Products
Product liability is the legal fault that a party may have when they make or sell a product that is dangerous. If someone is hurt by a product that is dangerous or defective, based on legal standards, the victim may claim financial compensation.
When you have been hurt by a dangerous or defective product, the Maderal Byrne & Furst PLLC lawyers can represent you in a claim for compensation. Here are some reasons people choose our team:
- We have represented individuals and families against large corporations. We understand the challenges of pursuing claims against large companies, and we are prepared to fully represent your interests.
- Complex cases are our specialty. Success in a product liability claim often requires detailed, factual information about what went wrong as well as an explanation of what makes the product legally defective. Our lawyers understand how to prepare and present this information.
- We are trial lawyers. Our legal team has significant litigation experience. With hours in the courtroom, we will take your case as far as necessary and capably present your case.
- Communicating with you is important to us. Expect us to keep you updated on the case status. We give you the information you need to make informed decisions.
We are former federal prosecutors and experienced litigators. We will put our experience to work for your legal interests.
Understanding Florida Product Liability
In Florida, a product liability action may be based on the following:
- Manufacture
- Construction
- Design
- Formulation
- Installation
- Preparation
- Assembly
of a product. (See Florida Statutes § 768.81).
We use and interact with hundreds of things daily. These products can be dangerous – sometimes unreasonably and unfairly so. If a product malfunctions, or if it is so poorly designed that it’s too dangerous, it may hurt someone.
A product can be defective because it malfunctions – it doesn’t work the way it’s intended to work. Alternatively, a product can be defective because the design is dangerous – even if the product works the way it’s supposed to, it poses an unreasonable risk of harm. Alternatively, consumers may not be given the information they need to use the product safely.
All these causes may be grounds for product liability in Florida.
Florida law relies on the Restatement (Third) of Torts as adopted in Kohler Co. v. Marcotte, 907 So. 2d 596 (Fla. Dist. Ct. App. 2005) to explain when a product is legally defective:
Manufacturing defect
A product has a manufacturing defect when the product doesn’t have its intended design. Manufacturer negligence is not required. All that is required is that the product turns out differently than intended.
Alternative design
Dangerous design can make a product inherently unsafe. Even if the product turns out the way the manufacturers intended, the design of the product can make accidents and injuries too likely to occur. The standard is whether risks could have been reduced or avoided by adopting an alternative design.
Inadequate instructions or warnings
Sometimes, risks can be mitigated by providing instructions with a product. The omission of reasonable instructions and warnings can make a product unreasonably dangerous.
If a product is defective in any of these ways, and an injury occurs, the product manufacturer, seller, distributor, or other party involved can be responsible to pay compensation.
Types of products that may be dangerous
Here are some types of products that may be dangerous:
- Airbags
- Cars, trucks, and other motor vehicles
- Tires
- Car seats and other child safety equipment
- Recreational vehicles
- Amusement park rides, trampolines, pools
- Swimming pools
- Electronics and appliances
- Portable generators
- Tools and equipment
- Industrial vehicles
- Chemicals
- Prescription and over-the-counter drugs
- Medical equipment and supplies
- Flooring, construction, and building supplies
- Food products
- Household products
These are just examples. Many products can cause harm.
Florida Product Liability FAQs
What is the Florida product liability statute of limitations?
The Florida product liability statute of limitations is two years. If the claim involves a wrongful death, the statute of limitations is also two years. In product liability cases, the discovery rule may toll the statute of limitations with an exception for products with an expected useful life of 10 years or less.
What damages are recoverable in products liability cases?
Product liability damages may include economic and non-economic losses. Economic losses are costs of medical treatment, lost wages and earning capacity, household services, and property damage. Non-economic damages include pain and suffering, disfigurement, and loss of quality of life.
What should I do if I’m hurt by a dangerous product?
If you’re hurt by a dangerous product, seek immediate medical care. Do what you can to preserve evidence, like taking photos of the scene and identifying witnesses. Keep the item if it’s within your control. Continue your medical treatment and document losses. You must bring a claim to receive financial compensation, and a product liability lawyer may represent you.
Talk to a Florida Lawyer for Free Today About Your Product Liability Claim
If you or a family member have been hurt, we invite you to talk with us. The Florida product liability lawyers at Maderal Byrne & Furst believe that individuals and families deserve representation that is equally capable as the teams of lawyers at the large corporations that they’ll be up against. That’s the caliber of representation that we provide.
To see how we can help you, contact us today for your free consultation.
