As consumers, we trust the products we use every day will be designed and created in a way that keeps us healthy and safe.
Unfortunately, even the smallest of errors can have devastating consequences. If negligence led to your injury, you have the right to compensation for your suffering.
Product liability attorney Daniel D. Moody of Moody Law can advise you on your next steps...
First and foremost, you should meet with one of our attorneys as soon as you can. Schedule a free consultation online or call (863) 733-9090. We offer convenient legal services for residents of Winter Haven, Bartow, Lakeland, FL, and surrounding areas.
Faulty medical devices, brakes that fail to arrest a vehicle, and any other type of unsafe product can result in life-altering injuries. Make sure to receive timely, appropriate medical care and attend all recommended follow-up appointments.
Take photos of your injuries, the product and its components, and your surroundings. For example, the condition of the road is important if your car skidded out of control. You should also make copies of any police reports, medical bills, and other paperwork.
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Filing a Product Liability Claim
A personal injury attorney from Moody Law can help you file a product liability claim if you have been injured due to a faulty product. Additionally, if a loved one has suffered a catastrophic injury or wrongful death as a result of a defective product, you have legal rights. Serving Central Florida, with offices in Bartow and Lakeland, FL, a defective product attorney from our firm can help ensure that you are justly compensated for your suffering. Call (863) 733-9090 or reach out to us online to schedule a free case review.
Product Liability Lawsuits
Designers, manufacturers, distributors, and sellers of products have a legal responsibility to ensure that the product is safe and free of potentially harmful defects. In the event that a defective product causes an injury or death to an individual, it may be possible to file suit against all liable parties. Under the "strict liability" theory of law, it is not necessary to prove negligence in a product liability lawsuit.
In a product liability lawsuit, the actions of the defendant are not taken into consideration; rather, the court decides whether the plaintiff's injuries were caused by a product defect. If it can be shown that a product is defective, the plaintiff was injured, and the plaintiff's injuries were caused by the defective product, the defendant is automatically liable.
A designer, manufacturer, or seller can be held liable for damages caused by a defective product regardless of the level of care that the party exercised.
Types of Defective Product Cases
Product liability claims usually arise when a product causes an injury as a result of:
- Design defect – A design flaw is a defect that occurred at the conception of a product, such as an infant car seat that provides inadequate support in the event of a crash. If a product defect is determined to be a design flaw, the designer of the product can be held liable for any and all damages caused by the product defect.
- Manufacturing defect – Manufacturing defects result in a product that performs differently than the designers originally intended. Manufacturing defects may result from the materials that were used or the manufacturing technique itself.
- Failure to warn – Also known as a marketing defect, a failure to warn occurs when a product causes an injury because consumers were not adequately warned about the potential dangers. It may be possible to file a 'failure to warn' claim even if the consumer was using the product incorrectly at the time of injury, so long as the use was something the manufacturer or designer should have foreseen.
Persons injured by dangerous products can rely on a defective product or personal injury attorney from Moody Law for sound legal counsel. We have obtained millions in verdicts and settlements for our clients, and we can help achieve a successful resolution to your case as well.
Frequently Asked Questions about Defective Product Lawsuits
Who can be held liable for my injuries?
Depending on the circumstances and the type of product defect, it may be possible to file a claim against the product designer, the manufacturer, the distributor, and in some cases, the retailer that sold the product. A defective product attorney from our law firm can review your case free of charge and help determine liability.
What are the most common types of defective products?
Almost any commercially available product can be defective, but some of the more common types of product defects include dangerous over-the-counter and prescription drugs, defective car parts and accessories, household cleaning items, baby products, toys, furniture, and food products.
Do I need a defective product attorney to obtain compensation?
In a product liability lawsuit, the defendant's lawyers will try to discredit your claim by attempting to prove that you were using the product negligently or incorrectly when you were injured. You need an attorney in order to maximize your chances of obtaining a successful resolution to your case.