Now that the season of giving has passed, a personal injury attorney in Florida is going to receive a number of calls. If you or a loved one has experienced an injury as the result of a defective product, an experienced legal representative can assist you with the resulting legal process.
Those who experience injuries as the result of a defective product are not always sure of the recourse that is available to them. This is where experienced legal representatives come into play. Under the current laws that are in place in the state of Florida, there are three different categories that fall under the product defect umbrella.
How Can a Personal Injury Attorney In Florida Help?
Knowing what protections you have under each of the categories under the current laws is crucial. Potential clients are not always aware of these categories .Let’s take a closer look at all three classifications and offer further details about the protections that are available under Florida law.
Failure To Warn
The packaging of the product must contain adequate warning if there are dangers that the user needs to remain aware of. The warnings need to be clearly legible and easily seen. For example, if a patient uses a medication that causes side effects that lead to injury, the manufacturer can be held liable in these instances. Cases like these take place on a shockingly regular basis.
These defects will occur during the process of manufacturing the product. The product’s design may have been safe but that does not mean that there are no flaws in the process of manufacturing said product. If these flaws are believed to have created an unreasonable level of danger, the client has a viable case in most instances.
Does the design present an unreasonable level of risk? If so, the manufacturer could be liable for damages that take place. A test of consumer expectations takes place during cases of this nature in Florida. When reasonable expectations are not met, the manufacturer could be held liable.
How Do These Claims Work?
It is important to note that there is a statute of limitations to these claims. The client will have four years to file their claim in the state of Florida. There is also a 12 year statute of repose. Once 12 years have passed from the initial date that the product was delivered to the first purchaser, the manufacturer is not going to be held liable.
Comparative negligence is used in these cases. A court may decide that the client is partially responsible for their injuries. Let’s say that the product in question caused $100,000 worth of damages to the client. If they are found to have 50 percent liability for the damages, they will be given a $50,000 award for their injuries.