Gainesville, FL Product Liability Lawyer

Gainesville Product Liability Attorney

Products we use in our daily lives break frequently. Most of the time, they break in a way that doesn’t harm anyone. Unfortunately, many people fall victim to injuries or even death due to a product malfunctioning. Sometimes, these events are true accidents, but other times, they are directly due to flaws in the product itself or manufacturing errors that make it dangerous to use. This is where a Gainesville product liability attorney comes in.

If you sustained injuries that were directly due to a defective product, consider contacting a lawyer for a product liability claim. Their experience can help you recover the compensation you deserve from an insurance company, manufacturer, or retailer.

Choose a Product Liability Attorney You Can Trust

Spohrer Dodd Trial Attorneys have decades of experience serving the North Florida area. They have recovered over $1 billion in product liability, personal injury, medical malpractice, and a variety of other claims. Our legal team has helped clients in local courts, state courts, and even the Supreme Court.

Proving a manufacturer’s negligence can be difficult, but the skilled staff at Spohrer Dodd Trial Attorneys have accomplished results time and time again. In 2018, our attorneys successfully recovered $13.5 million in Crawford v. ITW Food Equipment Group, LLC, a product liability case involving a meat saw. Contact Spohrer Dodd Trial Attorneys for more information on your specific case.

What Is a Product Liability Claim?

If a product malfunctioned in a way that injured a victim, that person might be eligible to file a product liability claim. There are three different types of product liability claims:

1. Design: Filing a design defect claim means that there is something in the product’s design that makes it inherently dangerous. For example, if a coffee maker is designed poorly, it could spill hot water on the user and cause injury. This type of claim also tends to occur in medical devices that go inside the body and cause harm.
2. Manufacturing: Even if the product is conceptually safe to use, there are still errors that can happen when making the product. Items made with missing or faulty parts can prevent safety features from working, especially in vehicles. The addition of unsafe elements like lead can also count as a manufacturing defect.
3. Marketing: These types of claims are meant to punish the defendant for not warning consumers about the dangers of their products through the instructions or packaging. This includes things like not adding warning labels to kids’ toys or not including all the adverse effects of a drug on the label.

In North Florida, claims for product liability are only eligible if there was some injury to a person or damage to property. If a product defect only led to something like economic losses or lost wages, then the claim is not legally viable.

There are many different ways to argue a product liability case in Gainesville, so don’t let a large insurance company or manufacturer attempt to shut down your case prematurely. Contact an attorney to learn about the legal options in your situation.

Why Do I Need an Attorney?

Filing a product liability claim can be a time-consuming and overwhelming process, especially if you’re trying to recover from the injuries you sustained at the same time. Working with a defective product attorney can help you focus on restarting your life while working towards potential compensation.

Most product liability claims must be filed within four years of the injuries occurring. This short time frame makes it even more important to seek legal counsel when filing your case. Product liability attorneys can help gather medical records and details about a manufacturer or retailer to develop your argument. Stand up to businesses that make and sell risky products by contacting an attorney to discuss your claim.

Defective Product Injury Checklist

Being injured by a faulty product can leave you wondering what your next steps should be. To keep the possibility of filing a claim open, here are some things you should do if you are injured by a defective product:

• Don’t Wait for Medical Treatment: It’s important to address any injuries you sustain first before moving on to other parts of the claim process. Even if you use your own private health insurance, it might be possible to get some of those expenses reimbursed if your product liability claim is successful.
• Look for a Recall: If your product has been recalled, this means that the manufacturer recognizes that this product is potentially defective. It is possible to file a product liability claim with or without a recall, but this information is helpful to find beforehand.
• Collect Other Evidence: It can be helpful to gather as much information on your claim as possible before filing. Important things to collect include:– Photos, receipts, and other notes on what the product is, where you bought it, and details on the specific injuries you sustained
  – As much of the product and its packaging as you can
  – Records of any medical treatment or observations you received as a result of the injuries from the defective product
• Contact an Attorney: At this stage, contacting an attorney can help you review your options and make a decision on filing a claim. This attorney can also help you gather additional evidence and work with the defendant if they attempt to settle out of court.
• File a Claim: Filing a product liability claim can be a difficult process to manage on your own. If you do hire an attorney, they file a claim on your behalf and help you with any potential settlements.
• Go to Trial: Most claims end after the defendant offers a settlement that the plaintiff accepts. If you and your legal team decide not to agree to a settlement, you can bring your case to court, where a judge or jury decides the details of your case. This could result in a larger payout or no payout at all.

How Do I Prove My Claim?

To have a potential product liability case, the following four things must be true:

1. The product must have a defect. The defect can be found in its design, how it’s made, or in the lack of warnings and/or instructions.
2. The product’s malfunction must have resulted in injury and/or property damage. In order to have a viable case, the product must have caused actual injuries or property damage.
3. You must prove that the product’s defect directly caused your injuries. This is often proved with medical records or testimony from medical providers. This also applies to products that you did not directly use but were hurt by due to being in the proximity of the item when it malfunctioned.
4. In order to file a product liability claim, you have to be using the item correctly when it malfunctions. Using an item for an unintended purpose or without following the instructions might invalidate your case.

Product Liability FAQs

Q: Is Product Liability Strict Liability in Florida?

A: If a product liability claim falls into certain categories, it is considered a strict liability. This means that the victim does not need to prove negligence in order to have a legally valid case. In Gainesville, a product liability claim has strict liability if it is claiming a design defect, a manufacturing defect, or that the manufacturer failed to warn consumers about a product’s defects. Other types of claims might require that the company acted negligently.

Q: Which Party Can a Plaintiff Sue in Cases of Product Liability?

A: In North Florida, a plaintiff can sue many different companies in the supply chain of a product. For products with many intricate parts, multiple manufacturers can be sued in a product liability claim. Retailers and distributors that sell the product can also be held liable if a product is deemed defective. Contact a product liability attorney to determine which party would be the most effective to file a claim against in your case.

Q: How Can a Lawyer Help My Product Liability Case?

A: Spohrer Dodd Trial Attorneys have helped their clients recover millions of dollars in product liability cases. They won Lohr v. Medtronic, which involved a failed pacemaker and later became a landmark Supreme Court case. In 2018, Spohrer Dodd Trial Attorneys won Crawford v. ITW Food Equipment Group, LLC, a $13.5 million case involving a meat saw accident. Contact Spohrer Dodd Trial Attorneys in Gainesville to see how they can help your case.

Q: What Is the Statute of Limitations for Product Liability in Florida?

A: In North Florida, there is a strict time frame in which product liability cases must be filed. A claim must begin within four years after a product’s defect caused injury to the plaintiff. If the plaintiff’s family is filing on their behalf due to the defective product killing the victim, they only have two years to file a claim. This short time limit can be difficult to meet without the help of legal counsel.

Start the Recovery Process by Contacting Spohrer Dodd Trial Attorneys

Products often fail suddenly, leaving victims and their families with sudden and traumatic consequences. If a defective product caused life-altering injuries or death to you or a family member, consider scheduling a free consultation with Spohrer Dodd Trial Attorneys to receive the compensation you deserve.