Every year, hundreds of products are issued recall notices by the U.S. Consumer Product Safety Commission. When a defective product causes a person’s injuries, Florida law provides several options for seeking compensation. These things can give rise to a claim for money damages:
- A product did not contain adequate warnings or instructions, and someone was hurt as a result. For example, a prescription drug failed to include a caution that you should not take the drug with another specific medication, as the combination can cause heart failure.
- The design of the product was defective or dangerous. For example, the blades of a lawnmower could fly off when used at a low setting.
- The product manufacturer made or constructed the item defectively. Even though the design might be safe, the maker made a mistake in manufacturing the object. By way of example, the design called for the manufacturer to use screws, but the maker used nails instead, which caused the product to fall apart when used.
- The distributor or seller engaged in negligent marketing. A false claim that an over-the-counter product can help you control your blood sugar might be negligent marketing. If a person with diabetes relies on this marketing claim and takes the product instead of insulin, he might suffer adverse health consequences.
Usually, these claims require the use of expert witnesses to explain the technical aspects of the case to the judge. For a free review of your claim with a Bonita Springs defective product lawyer, call the Landau Law Group today at (866) 703-0900.
Proving Negligence in Defective Product Litigation
These cases, called product liability claims, have several components. We will have to prove all four of these factors to win your defective product lawsuit:
- The product had a defect. The defect could be in the design, manufacture, warnings, instructions, or marketing. The type of expert witness we use to prove this element will depend on the facts of your case. We might work with a medical researcher in one case and an engineer in another.
- The defect caused you to suffer measurable harm. For example, if the defective lawnmower caused you bodily harm when one of the blades flew off because of the design flaw, the defect caused your injury.
- The product must be in its original condition. If you or someone else modified the item, the manufacturer will not be liable. In the lawnmower example, let us say that you put different tires on the device so that you could navigate the mower more easily across uneven terrain. That modification could cost you the right to file a lawsuit against the manufacturer for a defective product.
- The product must be used as intended. Let us say that you do not have a step stool, so you stand on a table to reach the thing you need. If the table collapses, the manufacturer will not be responsible.
We will have to explore all these factors to determine whether you have a viable claim for product liability. Once we establish liability, we can go after money damages. Call the Landau Law Group today at (866) 703-0900 for a no-cost consultation with a Bonita Springs defective product lawyer.
Damages in Bonita Springs Product Liability Cases
If you were hurt because of a defective product, you might be eligible for money damages to compensate you for your losses. The amount of compensation you can pursue will vary from one case to the next, depending on the facts of your situation. Some of the damages you might go after can include:
- Medical expenses: you can seek the reasonable cost of the medical treatment you needed for your injuries. Some examples of these items are the ambulance, emergency room, surgery, hospital, doctors, diagnostic procedures, prescription drugs, and physical therapy.
- Equipment and supplies: you can seek compensation for the equipment and supplies you needed because of your injuries. For example, if you are unable to walk because of the harm you suffered, you might need crutches, prosthetic limbs, wheelchairs, an adapted vehicle, and home modifications.
- Lost wages: people often miss time from work after getting hurt. If you lost salary, wages, self-employment, or other income because of your injuries, you can include that amount in your claim.
- Diminished earning capacity: if you sustained a devastating injury, you might not be able to make as much money as before. The difference between what you could earn before the injury and the amount you can make now can be compensable.
- Long-term care: depending on the severity of your bodily harm and lasting impairment, you might need ongoing assistance with medical treatments and personal care. These costs can be astronomical over time.
- Intangible harm: sometimes, severe injuries cause losses that do not have corresponding bills or receipts. These damages have meaning and value. Some examples of non-economic losses are disfigurement, post-traumatic stress disorder (PTSD), chronic depression, and pain and suffering.
- Wrongful death: if your close relative died because of a defective product, we might be able to pursue additional compensation for the legal beneficiaries.
You might have experienced only a few of these types of damages or many of them. You might have additional losses that are not listed here. When we talk with you and investigate your case, we will explore all the possible types of compensation available to you.
Getting Legal Help for Your Bonita Springs, FL Defective Products Claim
Florida law imposes a limit on the amount of time you have to file a lawsuit for the harm you suffered as the result of a defective product. If you miss the deadline, you might lose the right to seek compensation for your losses.
Call the Landau Law Group today at (866) 703-0900 to get started with a Bonita Springs defective product lawyer. The initial consultation is at no cost, and there is no obligation.