Have you been hurt by a defective product in Miami, Florida? When a distributor or manufacturer allows a dangerous product onto the market, they can be held liable when consumers are hurt. Call an experienced Miami product liability lawyer at Shaked Law Personal Injury Lawyers at (305) 937-0191. We will fight to seek compensation for your pain, lost wages, and other losses.
Shaked Law Personal Injury Lawyers has represented injured consumers in Miami-Dade County since 2007. In that time, we’ve won hundreds of millions in compensation for our clients. Contact our law office in Miami, Florida, to schedule a free case review to find out how we might be able to help you, too.
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How Shaked Law Personal Injury Lawyers Can Help if You Have Been Hurt by a Dangerous Product
Shaked Law Personal Injury Lawyers is committed to holding manufacturers and distributors accountable when they release defective products to unsuspecting consumers. Proving a product liability case on your own is more challenging than you may realize, no matter how obvious the defect. An experienced personal injury lawyer will help you level the playing field against well-funded manufacturers to seek fair compensation.
Our law office was founded by Sagi Shaked Esq., one of the youngest lawyers to recover a multi-million-dollar verdict for a client. Our Miami personal injury attorneys have a combined century of experience to put to work building your case.
Count on us to:
- Provide legal advice and support you can rely on
- Investigate the cause of your injuries
- Work with experts to prove how a product was defective and other elements of your liability case
- Identify all potential avenues to winning compensation
- Accurately value all your economic and personal losses
- Fight back against unfair insurance company tactics
- Negotiate on your behalf to seek a settlement that fairly compensates you
- Present a compelling case to a jury to seek maximum damages if a fair offer isn’t reached
Contact Shaked Law Personal Injury Lawyers in Miami, Florida to schedule your free case review with a Miami product liability attorney. We are committed to protecting your best interests and recovering compensation that preserves your quality of life and financial security.
How Often Are People Injured Because of Defective Products?
The following statistics show just how common defective products are and how many people are hurt or even killed due to a product defect.
- 40 million injuries and 46,000 deaths every year in the U.S. are attributed to defective products.
- Consumer product injuries accounted for 44% of ER visits for nonfatal injuries between 2008 and 2010.
- About 29% of all fatal accidental injuries were caused by consumer products.
- In a single recent year, there were 1,000 automotive recalls. These recalls affected about 35 million U.S. consumers.
- Children’s products such as cribs and bouncers caused 70 deaths and 100,000 injuries in 2017.
- Over a 9-year period, defective medical devices caused 1.7 million injuries and nearly 83,000 fatalities.
- Around 1 out of every 3 FDA-approved prescription drugs go onto the market with unidentified side effects.
When defects are identified in a product, it is often recalled. However, this doesn’t always happen. Even when a dangerous product is recalled, it may take years and cause thousands of injuries. Some defects only affect a small share of a product line and never trigger a recall.
Overview of Product Liability Law in Florida
Consumers expect that the products they buy are reasonably safe to use. When someone is instead hurt by a defective product, Miami products liability law holds manufacturers, suppliers, distributors, and designers legally liable.
Claims can be brought against anyone who manufacturers, distributes, or designs products that cause an injury. There are two causes of action under which claims may be brought: negligence or strict liability.
Most product liability cases involve Florida’s strict liability law. This law holds manufacturers and others strictly liable when a product is found to be defective, even if they were not negligent or careless. Manufacturers can still be held liable under the basis of negligence which focuses on the manufacturer’s behavior.
What Makes a Product Dangerous or Defective?
Florida has a strict product liability law for defective products. A product is considered defective when the way it was manufactured, designed, or marketed is unreasonably dangerous.
There are three forms of product defects: manufacturing, design, and marketing.
Manufacturing defects occur during the manufacturing process. These defects can affect an entire line of products or just one product.
An example is medication or food that is contaminated during production.
Design defects refer to inherent, dangerous flaws in the product’s design.
Takata airbags are an example of defective design. These airbags could deploy explosively and expel shrapnel under certain conditions.
Marketing Defects (Failure to Warn)
Failure to warn or marketing defects happen when the manufacturer or another party does not give adequate warning and instruction. Product manufacturers have a duty to provide sufficient instruction and warning labels to warn consumers of known dangers and dangers they have reason to believe exist.
Any type of product can be defective. This includes not only medical devices but also tools, vehicle components, and even toys.
We Handle All Types of Product Liability Cases
At Shaked Law Personal Injury Lawyers, we represent injured consumers in their families in all types of product liability cases.
The following are examples of defective product cases we handle:
- Dangerous drugs (e.g., Zantac, Elmiron, Prilosec)
- Defective medical devices (e.g., hip implants, hernia mesh, IVC filters)
- Children’s products (e.g., clothing, soaps, swings, toys)
- Electronics (e.g., Juul vape pens)
- Small appliances
- Cosmetics and personal care products (e.g., talc)
- Tools and machinery
- Household chemicals and cleaning products
- Lawn care products (e.g., Roundup weedkiller)
- Defective vehicle parts that cause a car accident or fail to protect in a crash
If you have been hurt due to a faulty product, contact our law office to speak with a Miami product liability lawyer during a free consultation.
What Is My Product Liability Case Worth in South Florida?
There is no easy way to calculate the value of a personal injury case.
Your case must be evaluated carefully based on unique factors such as:
- The type of product and the defect
- The severity and type of injuries
- Whether you share fault for your injuries by failing to use reasonable care
- Whether you have a strict product liability or negligence-based case
- Whether your accident and the defect qualify for a class action
- The long-term impact of your injury on your health, quality of life, and ability to work
Contact Shaked Law Personal Injury Lawyers today to schedule a free consultation with a Miami product liability attorney. We will help you understand what your defective product case may be worth and how we can help you.
What Damages Are Available in a Product Liability Case in Miami, Florida?
If your case is successful, you are entitled to recover compensatory damages. These damages are designed to make you whole and give you financial compensation for the losses you suffered.
Compensatory damages are divided into economic or financial damages and non-economic or personal losses. Some damages are easy to quantify. Others require expert testimony, particularly when it comes to future medical bills, disability, and long-term personal losses.
The following are common types of damages available in a Florida product liability case:
- Property damage
- Lost wages
- Disability or lost earning capacity
- Current medical bills
- Future medical expenses related to your injuries
- Household services, childcare, in-home health care, and therapy
- Non-economic losses including pain and suffering, disfigurement, loss of enjoyment of life, distress, and anguish
At Shaked Law Personal Injury Lawyers, we will serve as your legal advocate to fight for the full compensation you deserve. We will seek compensation for not only the financial losses you have incurred but also for the future impact your injury will have on your life.
What Type of Injuries Can Defective Products Cause?
Many consumers are fortunate as many product defects cause only minor injuries. However, dangerous products can cause permanent, severe, or even fatal injuries. It is not only clearly dangerous products like power tools, machinery, and medical devices that can cause serious injury when defective. Even cosmetics and children’s toys can be dangerous when defective.
Shaked Law Personal Injury Lawyers represents consumers who have suffered serious injuries due to defective products including:
- Electric shock
- Brain injuries
- Facial injuries
- Eye injuries
- Broken bones
- Organ damage
- Spinal cord injuries
- Traumatic amputation
If you have been hurt by a product you believe was dangerous, call Shaked Law Personal Injury Lawyers today. We will help you investigate your accident to determine if a defect caused your injuries. If so, we will fight to hold the manufacturer accountable.
How Do I Prove a Product Liability Case in Miami, FL?
Product liability cases are notoriously complicated. There are also two causes of action: strict liability or negligence. Your cause of action determines how you must prove your case.
Negligence is not a factor in strict product liability cases.
This type of case requires proving:
- You used the product as intended or in a manner the manufacturer could have reasonably expected someone would use it
- The product had a marketing, design, or manufacturing defect
- This product defect was the proximate cause of your injuries
- You suffered losses
There are many tests and forms of evidence that may be used to prove a defect. The consumer expectations test is one way Florida courts determine if a product had a design defect. This test can show that the product did not meet the typical consumer’s reasonable expectations.
To prove product liability under negligence law, you must prove the manufacturer, designer, or distributor was in some way negligent and their negligence caused your injuries.
One example is a failure to test a product’s safety before it is released for sale. You may also prove your case through a breach of warranty. The warranty may be an implied warranty (or automatic assumption) that the product is safe to use as intended or an express warranty the manufacturer stated.
Proving a product liability case usually requires a thorough investigation and expert testimony. In many cases, it is not immediately apparent that a product was even the cause of an injury. This may be the case with a defective medical device, dangerous drug, or defective brakes that cause a crash.
How Long Do I Have to File a Product Liability Lawsuit in Florida?
Under Florida’s statute of limitations, you have four years to file a product liability lawsuit after you are hurt. The deadline begins when you are injured or have reason to believe the product was the cause of your injuries.
However, note that if your case is based on negligence, you will likely only have two years to file a personal injury lawsuit. Prior to March 24, 2023, negligence-based claims in Florida were subject to a four-year deadline. However, the law was updated, meaning accidents and injuries occurring after 3/24/23 must be legally acted upon within two years.
In most cases, you cannot file your lawsuit if the product has been on the market for more than 12 years.
Don’t put off your personal injury case if you’ve been injured because of a defective or dangerous product. It’s crucial to gather evidence as soon as possible and begin working on an investigation. Contact Shaked Law Personal Injury Lawyers for a free consultation today so we can begin building your case.
Contact Our Miami Product Liability Lawyers for a Free Consultation
Have you been seriously hurt by a dangerous product? These cases are complex and require an experienced Miami product liability lawyer who understands the type of evidence necessary and how to get it.
Our personal injury law firm in Miami, FL also provides:
- Car Accident Attorneys in Miami, FL
- Child Injury Lawyer in Miami
- Dog Bite Attorneys in Miami
- Motorcycle Accident Lawyer in Miami
- Pedestrian Accident Lawyer in Miami
- Sexual Assault Lawyers in Miami
- Taxi Accident Lawyer in Miami
- Truck Accident Lawyer in Miami
- Uber Accident Attorney in Miami, FL
- Workplace Accident Attorneys in Miami
- Wrongful Death Lawyer in Miami, FL