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It’s Time to Be Compensated for Your Injuries! Learn How an Accident Attorney Can Settle Your Defective Product Injury Case in Florida

Suffering injuries due to a defective product can be one of the most horrendous situations in our lifetime. If a defective product has caused your bodily damage, this article is for you! These types of accidents occur when a product malfunctions and fails to meet the consumer’s expectations. 

Defective products can cause several types of injuries. They can cause abrasions, burns, and fractures. As a result, depending on the severity of your injuries, you may be required to miss workdays while you recover. As you can see, defective product cases lead to significant burdens that will undoubtedly decrease your quality of life. 

We are here to tell you that someone must be held liable for your damages. There are different types of defective product liability. For this reason, manufacturers, distributors, suppliers, and retailers could be responsible for all of your damages.

Manufacturers and distributors have a duty of care in making sure that their products are safe to use and that they are sold in perfect condition. However, if any of these parties breached their duty of care, they will be held responsible for your injuries and must compensate you. 

In addition, you must know that these parties may not make it easy for you when seeking compensation. It’s important to hire a personal injury lawyer for your defective product injury case in Florida to help you deal with those undermining schemes.

These trained professionals can help you get compensated and bring many other benefits. Throughout our article, we will discuss the legal standard of these claims in Florida, different types of product liability, and the advantages of hiring an accident attorney. 

The Basics of Defective Product Liability

Product liability refers to a manufacturer, distributor, retailer, or seller being held liable for placing a defective product into the hands of a consumer. In other words, culpability may be attributed to the sellers of the product that are in the distribution chain.

Equal to any other personal injury case, defective product liability claims are ruled by state laws. These cases are brought under the theories of negligence, strict liability, or breach of warranty.


  • Strict Product Liability: This refers to a situation where a victim has the right to bring a lawsuit based on a grave injury caused by a defective product. In a strict product liability action, victims are not required to prove that the manufacturers or sellers were negligent. In other words, the accident victim can sue those responsible within the distribution chain.
  • Breach of Warranty: In Florida, the victim must be in privity of contract with the seller of the product if they are seeking compensation for breach of warranty.

What Are The Principle Defective Product Liability Laws in Florida?

  • Statute of Limitations: This is a mandate that sets the maximum amount of time that victims have to file their lawsuit. In Florida, personal injury accident victims must file their claim within four years of the accident. 
  • Comparative Negligence Rule: This law determines the contribution of each party to you can recover damages even if you were partially at fault. Nevertheless, your award will be reduced according to your percentage of fault. Ultimately, this percentage is decided after conducting an extensive investigation of the facts

What Are Varieties of Defective Product Liability?

 These claims often fall into three categories. So, let’s take a closer look at them 

 

  • Defectively Manufactured Products: A defectively manufactured product is flawed at the time of its creation. If there was an error when it was created, it could easily become a hazard to anybody who uses it. Some examples of defective products include:
  1. A swing set with a cracked chain,
  2. A cell phone with a short circuit, 
  3. A chair with a faulty leg piece. 
  • Defectively Designed Products: In this category, a product’s original design is inherently hazardous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process. On the contrary, they are filed when the designer fails to envision the product in a safe manner. This also means that it is inherently dangerous, regardless if the designers state that their specifications were safe. Some examples include:
  1. A sunscreen that fails to protect people from ultraviolet rays. 
  2. A line of electric blankets that ends up shocking consumers when turned on high.
  • Failure to Provide Adequate Warnings or Instructions: These claims involve a product that can pose a health risk. However, it becomes even more dangerous because the manufacturer fails to provide a warning sign or adequate instructions. The following are examples of these claims:
  1. A cough syrup that is missing its warning label stating possible side effects.
  2. A corrosive paint-removing chemical that is sold without proper instructions for safe handling and usage.

What Are Some Important Steps to Take After Being Injured by a Defective Product?

We understand that suffering an injury from a defective product is extremely overwhelming. However, you must try to remain calm and seek immediate medical attention. Your personal doctor will write a report, which will be valuable evidence for your claim.

In addition, if you suffered a work injury, make sure you report the accident to your supervisor and seek medical attention as well. It is recommended not to provide insurance companies a written or verbal statement of the incident without having spoken to an injury attorney beforehand. 

Additionally, it is vital to compile the necessary evidence. If you are able to, take photographs of your injuries and the defective product that caused your bodily damage. Furthermore, annotate the brand name of the product that injured you, as well as the date and time of the accident.

If someone witnessed the incident, kindly ask for their contact information. Information like cell phone numbers and email addresses are important assets for your case down the road.

Furthermore, we suggest that you don’t post anything concerning your accident on social media. Insurance firms and the other party may take advantage of your anguish by using these statements against you.

Have You Been The Victim of a Negligent Individual? Hire a Dania Beach Accident Attorney to Be Compensated at Once

Dania Beach is known for its variety of beautiful parks, beaches, and many other touristic landmarks. However, personal injury accidents do occur in this city just like anywhere else in Florida. The truth is that these incidents can occur anywhere in a split second. Since these accidents are so unexpected, people may never be prepared to deal with the consequences of these unfortunate events.

Personal injury accidents can deteriorate your well-being. How exactly? Well, injuries can range from mild concussions to severe body trauma. In addition, serious accidents may lead to severe brain injuries, loss of limbs, and even death. Try to picture yourself trying to perform your daily duties while dealing with aggravating bodily pain. It sounds like a complete nightmare, right?

Unfortunately, personal injury accidents do cause financial burdens as well. Depending on the severity of your injuries, you may be forced to miss workdays. Furthermore, you will also have to take money out of your own pocket to pay for your medical bills. Even more so, everybody knows that medical attention is not cheap. So, if you do not have enough funds or a proper insurer, paying off these bills can become quite difficult.

So, before we move forward, we’d like to say that we empathize with you during these difficult times. You may be trying to figure out how to deal with all of your accident’s ramifications. Nevertheless, we are here to help you. As a victim, you are in your right to seek monetary compensation for all of your damages mainly because these accidents are often caused by someone else’s negligence.

Most personal injury accidents are provoked by people who breach their duty of care towards others. So, if individuals fail to act in a responsible manner while performing a specific activity and thus harm others, they will be held responsible for the victim’s injuries if their negligent acts are proven.

If you are considering pursuing compensation by yourselfself, we suggest that you refrain from doing so. In the vast majority of cases, the at-fault party will often refuse to compensate you or deny their fault. Additionally, you will have to deal with their insurers, who are all notorious for intending to lure victims into accepting unfair amounts of compensation.

In personal injury cases, it is mandatory to prove that the other party was responsible for the accident. You must also file a claim that details what exactly happened in the incident. These are the reasons why seeking compensation on your own can become extremely challenging.

Don’t panic though! There is someone who can help you obtain compensation and allow you to focus on recovering from your injuries. A Dania Beach accident attorney is a legal expert who can guide you throughout this entire process. Keep reading our article so that you can learn about the benefits of hiring these accident lawyers, common injury accidents, and specifics on personal injury claims in Florida.

The Most Common Personal Injury Accidents Seen in Dania Beach

  • Automobile accidents may be the most recurrent and tragic incidents in the whole world. Car accidents can cause severe head trauma, bone fractures, and even death.
    According to the World Health Organization, the most common causes of car crashes are speeding, driving under the influence, and distracted driving. For instance, they state that every 1% increase in speed produces a 4% increase in the fatal crash risk.In order to prevent a fatal automobile accident, the State of Florida has imposed a set of speed limits. Some examples of these rules are 70 mphs on interstate highways, 65 mph on a four-lane divided highway in rural areas, and 60 mph on other state highways.
  • Slip and falls are labeled as incidents where pedestrians trip and fall on someone else’s premises due to a dangerous condition. Establishment owners must make sure their properties are free of any potential hazards that may cause a fall. Some examples of these dangerous conditions are slick floors, uneven tiles, snow, debris, and cracked sidewalks.To obtain compensation, slip and fall accident victims must prove at least one of the following requirements:

 

  1. The establishment owner knew about the dangerous condition but did not eliminate it.
  2. The establishment owner enabled the hazard.
  3. The hazard has existed for such a length of time and therefore the establishment owner had ample time to get rid of it.
  • Dog bites can be extremely dangerous since they can lead to severe infections. In Florida, dog owners will be held liable for the victim’s injuries regardless of the pet’s former viciousness or their prior lack of knowledge of such aggressiveness.
    Under Florida statutes, a dog owner can be held at-fault for injuries if it is proven that the dog bite occurred in both public space or private property. However, for liability to take place in private property, it must be proven that the victim was not trespassing inside the property at the time of the attack.
  • An incidence of medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted rules of practice in the medical community and injures the victim.Florida statutes authorize different caps on damages in medical malpractice lawsuits. In addition, they authorize a $500,000 cap for noneconomic damages. However, Florida can grant a $1,000,000 cap for noneconomic damages if the victim died or resulted in a vegetative state.

Personal Injury Laws in Florida

  • Florida’s No-Fault Car Insurance System: The no-fault car insurance system states that if you were involved in an automobile accident, you must file your claim under your policy. In addition, your insurer pays the financial bills and other financial losses of anyone involved in the crash regardless of who caused the accident.
  • Statute of Limitations: This is the time limit that individuals have to file their claims. In the State of Florida, personal injury accident victims must file their lawsuit within four years from the date of the incident. If they fail to file it within that time frame, the court may certainly rule their case as invalid.
  • Comparative Negligence Rule: This mandate establishes the contribution of each party to the accident. Florida follows a “pure comparative negligence system”. This means that victims can recover damages even if they were partially responsible for the accident. However, their compensation will be reduced according to their percentage of fault. For instance, if you were 10% liable, a $100,000 award will be $90,000.

Stages of Filing a Personal Injury Claim

  • Filing the Complaint: This is a document where victims fill out and detail how the accident was caused, point out the parties involved, and mention the injuries that they suffered from the accident.
  • Discovery: During the discovery stage accident victims must prove that it was gross negligence that caused the accident. Things like medical reports and eyewitness testimonies can definitely corroborate their allegations.On the other hand, the accused party could try to dispute the ongoing claims. In order to do so, the accused can request a document that “states” their negation of the proof available against them.
  • Settling The Case: Personal injury accident cases are often settled without a trial. During this stage, victims and their injury attorneys negotiate with the other party. However, as we mentioned before, insurers may intend to undermine victims’ claims and that is why it is important to be well presented.
  • The Trial: If reaching a settlement with the other party and their insurers has been impossible, your injury lawyer can force a trial to make sure that you receive compensation.

This Is Why You Need to Hire a Dania Beach Accident Attorney

  • Accident lawyers are experts in state laws. This means that they will make sure your injury claim complies with every mandate imposed by the State of Florida.
  • The majority of personal injury attorneys work on contingency fees. These fees are a percentage of the victim’s recovered damages. If your case is not settled, their services will not cost you a single penny.
  • As we mentioned before, proving fault is vital in personal injury cases. That is why accident lawyers work alongside private investigators who can seek the necessary evidence for your claim.
  • Injury attorneys can negotiate with insurance companies on your behalf. These firms usually take advantage of victims’ lack of knowledge regarding the scope of their rights as well as the settlement they should receive. Nonetheless, these personal injury lawyers will ensure that you receive fair compensation for all of your damages.
  • As we mentioned before, personal injury accidents lead to severe financial damages. In the majority of these cases, injury accident lawyers can offer you a free consultation. In this session, you can ask the injury attorney any questions that you have in mind. Furthermore, they can give you their point of view of the case and provide you with helpful tips regarding your claim.

We Are The Law Offices of Scott J. Senft

This article was brought to you by the law offices of Scott J. Senft. At our law firm, you will find the best Dania Beach accident attorney available. For over 25 years, Scott and his team have recovered millions of dollars for their clients. If you want to arrange a free consultation or hire one of our injury lawyers, call us right now at 954-927-3326!

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