Orlando Lawyers Representing Those Injured by Defective Products
Serious injuries may be caused by dangerous or defective consumer items, anything from a toddler’s toy to heavy construction equipment. If you are injured using a consumer product, contact an Orlando product liability attorney at the Orlando Personal Injury Law Offices.
Injuries caused by consumer products can happen to almost anyone at almost any time. You could be hurt by the malfunction of a household appliance. A malfunctioning auto part – like a defective tire or air bag – could seriously injure you in a traffic accident.
Injured by a Defective Product? What is Your Recourse?
Whether you go out to dinner or eat in, you could suffer food poisoning. Your medications may do more harm than good. It’s a dangerous world, but if you’re injured using a consumer product, you have legal recourse, and an attorney at the Orlando Personal Injury Law Offices can help.
You may file a product liability claim if you are injured while using a commercially-sold consumer item. If someone is injured or made ill by using a commercial product as intended and according to directions, there’s a good chance that your product liability lawsuit will prevail.
What Must You Prove for Your Product Liability Claim to Prevail?
In Florida, anyone who has been injured by a consumer item should understand what the law requires you to prove in order to prevail with a product liability claim. The law requires “plaintiffs” – that is, injury victims – to prove that:
1. The plaintiff was injured, made ill, or otherwise suffered damages.
2. The item was defective, or appropriate warnings and/or instructions weren’t provided.
3. The plaintiff’s injury was caused by the defect or the lack of instructions or warnings.
4. The plaintiff was using the product as it was intended to be used.
A plaintiff must also show that a product manufacturer could and should have foreseen the dangers and risks of the product prior to or while manufacturing it. That’s plenty to prove, but with evidence – and help from a good product liability lawyer – your claim should succeed.
What is Required to File a Product Liability Claim?
Defective consumer items are not uncommon. We’ve all purchased items that don’t work like they’re supposed to, but to bring a product liability claim, a defect alone is not enough. A product liability claim requires that a plaintiff has sustained an actual injury or monetary loss.
Linking a defective item to an injury may not be easy. Let’s say you’re injured driving a vehicle with a flaw that makes it tip over when turning. If you were speeding when you were injured, the manufacturer may claim that careless driving rather than a defective design caused your injury.
Moreover, at the time of the injury, you have to be using the product the way it was intended and according to instructions. If you heat your apartment with a charcoal grill and suffer from smoke inhalation, you can’t bring a claim against the grill’s manufacturer.
How Will an Orlando Product Liability Attorney Help You?
But when someone uses a consumer product as directed, and the product causes an injury, it is probably defective, and the victim may file a product liability claim and seek compensation.
An Orlando personal injury attorney at the Orlando Personal Injury Law Offices can explain how the law applies in your case, protect your rights, and negotiate for the compensation and justice that an injury victim needs.
How Are Product Liability Cases Resolved?
Most product liability claims are settled out of court. Manufacturers usually settle to avoid the bad publicity that a trial might entail.
But if the product’s manufacturer denies liability or fails to make an acceptable settlement offer, your attorney can take the case to trial, explain to jurors what happened, and ask those jurors to order the payment of your compensation.
When an injury happens because of a defective product, seek medical treatment immediately, and gather any evidence that may be at the scene. Take photos of your injuries and the accident location. Gather whatever labels, receipts, and other related documents that you can find.
Let Your Attorney Do the Negotiating
If the item’s manufacturer or the manufacturer’s insurance company contacts you, do not accept a first settlement offer. Your attorney can almost always negotiate a better settlement. If you take the first offer, you waive any right to additional compensation or to legal action in the future.
Let an experienced negotiator – a central Florida product liability lawyer at the Orlando Personal Injury Law Offices – do the negotiating on your behalf. If anyone contacts you regarding your product liability claim, refer that person to your attorney.
Your first legal consultation with a product liability attorney is provided without cost or obligation. If you and your attorney agree to move forward with a product liability claim, you will pay no attorney’s fee until and unless we prevail on your behalf.
If you are injured by a defective consumer product, call our offices at (407) 270-0052, or complete the brief contact form here on our website. A good attorney’s help is your right.