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Daytona, FL Product Liability Lawyer
Daytona, FL Product Liability Attorney
Defective products are not uncommon, but they can sometimes cause significant injuries. When you or a loved one is injured due to a malfunctioning product, you may have a product liability claim. Manufacturers, distributors, and other parties are responsible for ensuring that their products are safe when they are used as intended. A Daytona, Florida product liability lawyer can help you determine if you are eligible for compensation.
Working With Qualified Product Liability Attorneys in Northeast Florida
Spohrer Dodd Trial Attorneys has decades of experience in legal work in state, local, and federal courts. Our team is made of dedicated attorneys and paralegals, and we have years of experience in personal injury claims, including many types of product liability cases.
We are incredibly experienced and seasoned litigators, but we also know that an out-of-court settlement is the better option for many clients. Our willingness and ability to take a claim to litigation makes us much stronger negotiators, as the insurance providers for these companies know that we can obtain the compensation that our clients are owed.
If you have been injured in North Florida, particularly in Daytona Beach, because a product was improperly made, designed, or marketed, you deserve compensation for those injuries. Our team can help investigate the incident and your injuries, working to gather the evidence needed to create an effective case.
What Makes an Effective Product Liability Claim?
Those who create products for consumers are responsible for creating items that are reasonably safe. For a product liability claim to be legally viable and likely to succeed, the following must be true:
- You were using the product as it was intended to be used. Any product can become dangerous if improperly used, and the parties who made the product are not liable for damages.
- The product was defective in some way. This means that it was flawed in its design, construction, or advertising, and it was dangerous when used correctly.
- You suffered an injury. You must have suffered legal damages for a claim to be successful. Under Florida’s Economic Loss Doctrine, there must be some physical property loss, either from an injury or property damage, to file a claim. Other forms of financial and noneconomic loss alone are not enough.
- Your injury or damages were the result of the product’s defectiveness. This defect can also not be caused by your own actions.
It can often be difficult to prove all these elements, and the party you are filing against will often try to claim that you used the product improperly or caused the defect. You need an attorney by your side to fully investigate the accident and determine the cause of the defect and your injuries.
When you can prove that the party is strictly liable, it means that they must cover all your damages, including the costs of treating a serious injury, any lost income you suffered, and other economic or noneconomic damages.
Types of Defective Products
When the retailer, distributor, manufacturer, or other party is held strictly liable for the harm done by their products, you do not have to prove that they acted negligently to file a successful claim. These parties can be held strictly liable if a defect was present when the product was still under that party’s control. Defects for strict liability claims fall into one of these categories:
- A manufacturing defect, where the construction of or the materials used in the product are unsafe or defective
- A design defect, where the poor design of the product or a lack of testing resulted in an unsafe product
- A marketing defect, such as insufficient warnings, inadequate instructions, or misleading advertising
The at-fault party in your unique case will depend on the type of defect.
FAQs
Q: What Is the Product Liability Law in Florida?
A: Product liability law means that a manufacturer, distributor, marketer, or designer of a product is being held liable for injuries done to consumers by a defective product. This product may be defective by its design, by faulty construction or bad materials, due to improper marketing, or because of a failure to warn about a hazard that is not immediately apparent. In most situations, a manufacturer or other party being held at fault is held strictly liable. In some cases, the party is at fault due to negligence, breach of warranty, or nuisance.
Q: What Is the Statute of Limitations on Product Defects in Florida?
A: In Florida, the statute of limitations for personal injury product liability claims is 2 years from the date of injury as of 2023. If you lost a loved one due to a defective product, a claim must be filed within 2 years of their date of death.
If you did not immediately know that an injury occurred from a defective product in Daytona, FL, the 2-year countdown begins when you knew or should have known that you were injured. For most defective products, there is an overall limit of 12 years to file a claim, even if you did not discover that you were injured for some time.
Q: What Are the Elements of Strict Product Liability in Florida?
A: When a manufacturer, designer, or other party is held strictly liable for a product, it means that they do not have to be proven negligent to be found liable for damages. Strict product liability includes a manufacturing defect, design defect, or marketing defect. These flaws are the result of a designer, distributor, or manufacturer creating an unreasonably dangerous product while it is still in their control. They are held strictly liable for any damage done to consumers as a result.
Q: How Much Do Lawyers Take From Your Claim in Florida?
A: For personal injury claims in Daytona, Fl, including product or premises liability, and other claims, attorneys usually take between 33% and 40% of your claim. This is called a contingency fee, and it means that you do not owe attorney fees if your attorney does not win you a settlement. It also means that the amount that your attorney earns is dependent on the size of the settlement they are able to secure for you. Before you hire an attorney, it’s important to understand their fee structure and any expected costs throughout their representation.
Product Liability Attorneys in Daytona
It can be difficult to get the compensation you deserve from companies and their insurance providers. Contact Spohrer Dodd Trial Attorneys for the legal support and compassion you need.
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