Defective Product Attorney in Miami

Few companies will admit to liability in a defective product case. They’ll likely say that you caused your injuries by misusing the product or that you assumed risks inherent to the product itself.

Defective product lawyers in Miami work to win compensation for their clients from entities that manufacture, distribute, or sell defective products. An attorney will evaluate the product’s safety and your injuries to determine who is at fault. 

Once your lawyer understands your case, they’ll assemble evidence tying the product to your injuries. Evidence can include:

• The product itself
• Medical records
• Pictures of your injuries or property damage
• Instructions and product packaging 
• Statements from product experts, including engineers and marketers

When your defective product attorney has the relevant evidence, they’ll develop your case strategy. They’ll attempt to negotiate with the at-fault party on your behalf to obtain a settlement. If the at-fault party is unwilling to come to an agreement, your attorney will take them to court.

Hiring defective product lawyers in Miami eases the stress of the claims process so you can focus on recovering. The lawyers at Morgan & Morgan will work hard to ensure you have effective legal representation.

Four of the most common types of defective product claims we see are:

Defective Design

In a defective design claim, there’s something wrong with the overall composition of the product. The design of the good affects all goods produced, not just the one you happened to purchase. Whoever created the product didn’t do so in a way that prevents harm to consumers.

In a defective design claim, the product manufacturer and its developers may be liable for your injuries. The manufacturer may need to recall the product if the design is hazardous.

Manufacturing Defect

If a product has a manufacturing defect, something happened during the manufacturing process that inadvertently led to the fault. All other products on the market are usually safe to use unless the defect impacted other goods during assembly. 

Manufacturers are usually liable for manufacturing defects. An attorney will help you determine who is at fault for your injuries.

Failure to Warn

In a failure to warn case, the manufacturer fails to include warning labels in the instructions or packaging of the product. A children’s toy that doesn’t have warnings about choking hazards could be an example of a failure to warn.

Manufacturers are typically responsible for a failure to warn claim.

Marketing Defects

Marketing defects concern a product’s advertising. Marketers are responsible for ensuring that their advertising aligns with the product’s capabilities. They cannot make false claims about a product or service. 

For instance, a retailer or marketer cannot claim that a hair dryer is waterproof and can be used in the bathtub unless their statements are factual.

Manufacturers, distributors, and retailers may all be held responsible for marketing defect claims.

Sometimes, products can cause injuries, even when used according to instructions. If you’re not sure whether you have a defective product case, consider these questions:

• Is this accident unusual for this type of product?
• Did you use the product according to the instructions?
• Did the product do something odd?
• Do you have an injury?

If you can answer yes to any of the questions above, you may have a defective product case. Contact defective product lawyers in Miami for further confirmation of your claim. The team at Morgan and Morgan can determine the appropriate strategy for obtaining compensation for your injuries.

In a defective product case, manufacturers, product designers, retailers, and distributors may all be held responsible. Your attorney can determine who is at fault for your injuries. In some cases, multiple parties may be accountable.

As an example, consider an electric lawnmower. The lawnmower uses a battery for power and can cut the grass when fully charged. While using the lawnmower according to its instructions, the battery explodes, and you suffer cuts, lacerations, and a broken ankle. 

There are no other accounts of similar injuries from other people using the lawnmower you own.

In this case, the manufacturer may be liable for a manufacturing defect. Your attorney would take the lawnmower to an engineering expert to determine why the battery exploded. You’d have a defective product claim if they could prove a defect in the battery or the machine itself.

You can recover compensation from a defective product claim if you prove negligence or strict liability. Your attorney will decide which basis is best for your case.

Negligence

Negligence is the more stringent basis for a claim in a defective product case. You will need to show that the at-fault party owed you a duty of care and that they breached their duty. 

The responsible party’s actions or inactions must result in your injuries. 

For example, consider a retailer who advertises that the candles they sell can be left unattended for up to 24 hours a day. You buy a candle and light it before going to work, hoping to come home to a fresh-smelling house. However, when you come home from work, you find your house is on fire due to the candle exploding while lit.

Since you relied on the retailer’s claims, you may have a case against them for the loss of your home. However, the retailer will likely argue that you are partially at fault since most people know not to leave candles burning if no one is there.

Strict Liability

Strict liability is an easier standard to prove in a defective product case. You simply need to show the product was defective and directly caused your injury. You do not need to prove the manufacturer or other party was negligent in their actions.

In a strict liability case, you would present the product as evidence and show how it led to your injuries.

For example, a lamp that suddenly catches fire and burns your dining room might be defective. You’d need to provide the lamp and pictures of the fire damage in your home to prove strict liability. 

When you file a claim against a company for losses resulting from a defective product, it will likely use certain defenses to avoid paying damages. Common defenses in a defective product case include:

No Duty Owed

If you decide to sue a manufacturer for negligent product production, they may argue that they have no duty to you. Usually, if the manufacturer denies responsibility, they will say they acted like any reasonable manufacturer. The manufacturer will claim the duty you are expecting is beyond what an average person should anticipate.

You Made a Modification to the Product

Sometimes, consumers modify their products in ways that make them dangerous. For example, if you’re a car fanatic, you might modify your vehicle to improve its speed or appearance. However, if the modifications significantly alter the car and you suffer an injury, the manufacturer will likely argue your adjustments caused your wounds.

Misuse

Most products contain instructions that tell you exactly how to use them. If you use a product in an unintended way, you may be responsible for your injuries.

For instance, if you buy a desk and then use it as a stepping stool to reach something high in your room, you’re not using it as the manufacturer intended. If it breaks in half while you’re on top of it and you suffer injuries, the manufacturer will likely claim your actions caused your wounds.

Assumption of Risk

Some products are inherently risky to use. Cigarettes, alcohol, and firearms are all known to carry certain risks, and if you use them, you may face injury. 

For example, if you regularly drink alcohol and later develop cirrhosis, you probably won’t be able to file a defective product claim. The risks of alcohol are well known, and the manufacturer of your favorite beverage will likely argue that you assumed risk when you drank.

Under the Florida statute of limitations, you have up to four years to file a defective product claim for a personal injury. If your loved one died from a defective product, you must file your lawsuit within two years.

Remember that your attorney will need time to assemble evidence in your case and develop a strategy. It’s best to begin your claim as quickly as possible to avoid potential problems related to the statute of limitations.

Most personal injury claims resolve through the settlement process. However, sometimes, the at-fault party will refuse to settle for a fair amount. Defective product lawyers in Miami can determine whether your case will likely reach a settlement agreement or end up in court.

Florida follows the pure comparative negligence rule, which allows you to collect compensation even if you are 99% responsible for your injuries. A court will reduce the amount you collect by your percentage of responsibility.

For instance, if you have $100,000 in damages and are 40% responsible for your injuries, a court will reduce your award by 40%, and you will collect $60,000.

As the nation’s largest personal injury law firm, Morgan and Morgan has helped thousands of individuals recover compensation for injuries related to defective products. Our team has won many settlements and court verdicts in favor of our clients, and we can help you recover the damages you deserve for your losses. 

Contact Morgan & Morgan today to schedule your free case evaluation.