While it is common for products to be defective, it is fortunately quite rare that anyone is harmed by their malfunction. There are, however, certain circumstances in which a product’s failure can cause harm, injury, or even death to the user. In these instances, it is worth consulting with a St. Augustine, FL, product liability lawyer to determine the potential for damages to cover costs associated with the product’s failure.
Filing a product liability claim can help you cover things like medical expenses, pain and suffering, and more. A product liability attorney can help you fight against reluctant insurance companies and manufacturers to receive the compensation you deserve.
The professionals at Spohrer Dodd Trial Attorneys have decades of experience working trial cases in a wide variety of practice areas, including product liability, product recalls, and defective medical devices. We have successfully delivered over $1 billion in total damages to our clients and are prepared to deliver the same results in your case.
Spohrer Dodd Trial Attorneys successfully won Lohr v. Medtronic in 1996, a landmark Supreme Court case regarding the failure of a pacemaker. More recently, in 2018, Robert Spohrer and Matthew Spohrer won $13.5 million from Crawford v. ITW Food Equipment Group, LLC, when their client was injured in a meat saw accident. Contact the skilled defective product lawyers at Spohrer Dodd Trial Attorneys to find out how our attorneys can help you with your case.
Products stop working all the time, but a product liability case has specific requirements. In order for a case to be legally viable in St. Augustine, there must be:
Proving all of these things simultaneously can be challenging. Working with a successful legal team can help you prove your case to the manufacturer and insurance companies who are reluctant to provide you with adequate compensation.
A victim of a faulty product only has four years after the accident occurred to file a claim. If the victim died, then the time limit is reduced to two years. This means that time is of the essence for product liability claims. Working with a product liability attorney can help you argue the true cause of the accident in court.
Many times, insurance companies and manufacturers try to blame the user for improperly using their product to avoid paying damages. It is difficult to fight these large companies on your own, but working with a legal team can provide more support to your claim.
In Florida, product liability cases use the comparative negligence model when calculating damages. This means that the victim is entitled to damages depending on their liability. The court usually assigns a percentage to the plaintiff for how much they were to blame for the accident. For example, if a plaintiff is found to be 10% liable but is awarded damages of $100,000, then they would only be eligible to receive 90% of those damages, or $90,000.
Florida also has an Economic Loss Doctrine that only affects product liability cases. This doctrine states that in a product liability case, you can only receive damages if you experienced losses that are non-economic in nature. This means that you must have experienced some form of physical damage from a defective product, including personal and/or property damage. Economic damages can still be won, but they must be accompanied by non-economic damages.
There are different types of product liability claims depending on the unique circumstances of your case, including:
Manufacturers are common defendants, but they are not the only possible defendants in a product liability case. Here are some exceptions to this pattern:
It is also possible that you did not directly purchase a product but were still harmed by it. If you were injured by a product you were only using, you may still have a case. Contact a product liability attorney to explain your unique situation and review your options.
A: In Northeast Florida, each lawyer charges a different fee depending on the services they offer, their level of experience in the field, and your unique situation. Some attorneys charge an hourly rate, while others charge a contingency fee, which is a percentage of your winnings. Florida attorneys typically charge either a 33% – 40% contingency fee or around $300 per hour, with higher rates depending on experience. It’s important to discuss costs with your attorney early in the process.
A: In order to file a product liability claim in North Florida, it must be started within four years after the date the injury occurred. If the victim died from the event, it must be started within two years after their death. Additionally, if the product was past its expiration date when the victim was injured by the product, then you cannot file a product liability claim.
A: In order for a claimant and their legal team to have a valid product liability case, they must prove that the product in question is defective and caused injury to the victim. They need to prove that a manufacturer was responsible for the product being defective, either by design, error, or improper marketing.
A: There are three types of product liability. A design defect means that the way a product is designed can directly harm an individual. A marketing defect means that an effect was discovered, but the company did not warn the public about it. A manufacturing defect occurs when an item is made incorrectly in a way that can harm an individual.
Don’t let another party’s mistakes impact your life. Start the recovery process by determining how much you could receive for medical costs and lost wages. We work with a wide variety of product liability cases, from the initial free consultation to trial and beyond. Reach out to Spohrer Dodd Trial Attorneys today to see how our team can help with your product liability claim.