What Do Product Liability Lawyers Handle in Big Pine Key, Florida?

When a consumer is injured by a dangerous product, they have the legal right to seek recourse. Many different parties may be held accountable for the harm that results from the faulty item. 

Most product liability cases fall into one of two categories: manufacturing defects and design flaws.

What Are Manufacturing Defects?

Manufacturing defects happen during the assembly of a consumer product. In these cases, the hazard or danger is not a result of the intentional design of the item.  

Usually, manufacturing flaws are only found in a small portion of the total number of products sold. Manufacturers are legally responsible for any defects that occur as a result of the production process.  

This is due to the legal theory of “strict liability,” which says that even if a company took reasonable care during the manufacturing process, it can be held accountable for resulting defects. 

If you have been harmed because of a manufacturing defect, contact product liability lawyers in Big Pine Key, FL. The attorneys at Morgan & Morgan have experience handling cases involving manufacturing defects. 

What Are Design Defects?

Design defects are more systemic than manufacturing flaws. This type of faulty product is the result of the original design or blueprint.  

Design defects often result in all of the company’s products being potentially dangerous. Unlike manufacturing defects, design flaws don’t only affect a small percentage of the product line. 

There are several questions that victims and their attorneys should ask to determine whether a design defect exists, including the following: 

• Before production, was the design unreasonably hazardous?
• Could the potential danger to users have been anticipated?
• Were safer designs economically and functionally feasible? 

If the answer to any of these questions is “yes,” the case may involve a design defect. When you have been harmed because an item was dangerously designed, reach out to product liability lawyers in Big Pine Key, FL, immediately. The experts at Morgan & Morgan have the knowledge and experience to fight successfully for you.

While most product liability cases are based on either a manufacturing or design defect, that’s not always the case. There are some other circumstances that can serve as grounds for valid legal claims. 

Warning Labels

Product warning labels must be appropriate and adequate, and there are many rules and regulations in place regarding proper warning labels on products. In 2002, the American National Standards Institute (ANSI) significantly revised its regulatory standards.  

The new standards require clearer signage that’s easier to read. ANSI also endorses warning labels with pictures that show the potential safety risks of products.  

ANSI regulations state that adequate warning labels should: 

• Notify consumers about existing dangers
• Notify consumers about the severity of potential risks
• Notify consumers of the potential effects of the danger
• List ways to prevent danger when using the product 

Warning labels should be located close to the area of the product that’s most likely to cause damage. These labels should also be very visible to the average consumer. 

Warning labels are required to notify the user about the severity of the potential danger. ANSI has designated the following warning label colors to signify various types of hazards: 

• Red labels indicate impending severe injury or death
• Orange labels indicate circumstances that may cause injury or death
• Yellow labels indicate the potential for slight or moderate injury 

These indicators should be framed on a white square label, which increases visibility and helps to reduce the presence of unknown risks to consumers. 

Product warning labels must also include an image or symbol that informs the user of the potential hazard. Finally, the label should feature a message that clearly describes the possible danger of using the product incorrectly. 

Victims and their attorneys can ask the following questions to determine whether a warning label is adequate:  

• Is using the product likely to result in harm?
• Was the user engaging with the product appropriately?
• How severe was the damage to the user?
• Could the manufacturer assume some level of consumer knowledge?
• Did the warning label rely on previous experience or knowledge?
• Did the label meet the requirements of simplicity and clarity? 

When you or someone you know has been injured because of a dangerous consumer item, do not hesitate. Contact Morgan & Morgan to speak with experienced product liability lawyers in Big Pine Key, FL.  

Our legal team will review the facts of your product liability case and help you decide the best course of action. You should not be stuck with mounting medical debt, lost wages, and devastating personal consequences. Hold negligent companies accountable by contacting a trustworthy tort law firm.

The attorneys at the firm of Morgan & Morgan can handle any type of product liability claim. There are millions of consumer products on the market across the state of Florida.  

Because of this, the possibility of injuries to consumers is high. No one plans to sustain harm as the result of using a product that they purchased, but when this does happen, victims should secure the services of a seasoned legal expert. 

Some of the most common types of product liability cases that Morgan & Morgan handles include: 

• Hazardous pharmaceutical products
• Faulty medical devices
• Defective motor vehicle components 
• Hazardous electronics and appliances
• Dangerous recreational and sporting equipment
• Hazardous foodstuffs 

Different faulty products may result in cases with various liability statutes. The knowledgeable team at Morgan & Morgan will ensure that they pursue your claim through a relevant product liability approach. 

Most product liability claims fall into one of three legal categories. These are negligence, strict liability, and breach of warranty.

Negligence

The majority of tort legal claims rely on the concept of “negligence.” In this type of product liability case, the victim must prove that the company’s carelessness resulted in their injuries.  

The legal concept of negligence typically involves four distinct elements. To prove negligence, the claimant must produce evidence that:    

• The company had a duty to sell a safe product
• The company breached this legal duty
• The breach was causally related to the resulting injuries
• The product’s fault resulted in actual harm

The harm that the victim suffered may be either financial or personal. Skilled product liability lawyers in Big Pine Key, FL, will review the elements of your case to support a claim of negligence, if applicable.

Strict Liability

Product liability cases are usually filed under the legal theory of strict liability. In these cases, the victim does not need to prove that the designer or manufacturer was careless. 

Instead, they only need to prove that a product defect existed and caused them harm. This type of product liability claim is not applicable to second-hand sales.

Breach of Warranty

Consumers have a right to rely on two types of warranties when purchasing a product from the chain of distribution. These are known as “express” and “implied” warranties. 

Express warranties are specific representations that the seller makes about the safety of the product. These warranties may also include claims about the nature and appropriate use of the product. 

Implied warranties are not expressly communicated. By selling a product, the manufacturer (or other party) is implicitly guaranteeing that the product will not cause harm if used in the intended manner. 

When a breach of one of these warranties results in damage, the victim may be able to file a product liability claim.

“Damages” is the name for legally required payments to the victim of an accident or injury. Some of the most common examples of damages in product liability cases include compensation for the victims: 

• Outstanding medical bills or expenses
• Expected future medical care costs
• Damaged property
• Missed income and lost wages from an inability to work
• Long-term decreases in earning potential
• Pain and suffering
• Emotional turmoil 

The experienced injury attorneys at Morgan & Morgan will accurately estimate the value of your claim. We will fight for maximum compensation for you.

Like most tort attorneys, reputable product liability lawyers are paid through contingency fees. This means that you will not pay anything unless your attorney gets money for you. 

At the firm of Morgan & Morgan, our attorneys do not get paid unless you do.

When you need legal representation in Big Pine Key, Florida, contact the premier specialists at Morgan & Morgan. We have a sterling track record of successfully representing victims of hazardous products. 

Our compassionate team knows that injury victims face many challenges and obstacles. That’s why we provide free consultations and operate on a contingency fee basis. 

Don’t wait. Schedule your no-cost legal consultation today by filling out the simple contact form on the Morgan & Morgan website. Our team is on your side and ready to help.