FLORIDA PRODUCT LIABILITY LAWYERS

Lake Mary Product Liability Attorney

In today’s consumer-driven world, the safety of the products we use daily is paramount. However, defective and dangerous products still find their way into the market, posing significant risks to the public. If a faulty product has harmed you or a loved one, you need a trusted Florida product liability attorney to guide you through the complexities of product liability law.

At Chubb Law, our experienced product liability lawyers are dedicated to protecting the rights of Florida consumers and holding responsible parties accountable. We specialize in representing clients injured due to defective products. Our team is committed to fighting for the compensation and justice you deserve, navigating the legal process with knowledge and compassion.

Let us be your advocate in seeking accountability and securing your future. Contact us today to learn how we can help you with your product liability claim.

What You Need to Know About Product Liability Law in Florida

Product liability law is a crucial area of legal practice that ensures consumers are protected from unsafe and defective products. Manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. In Lake Mary and throughout Florida, product liability attorneys are dedicated to advocating for individuals harmed by defective products, fighting for the compensation they deserve.

Understanding Product Liability in Seminole County

Product liability refers to the legal responsibility of all parties involved in a product’s manufacturing and distribution chain. This includes manufacturers, wholesalers, and retailers who are responsible for ensuring that their products are safe for consumers. If a product is defective and causes harm, these parties can be held liable.

There are several types of product defects. These types include:

Design defects: These are inherent flaws in a product’s design that make it unsafe. A design defect exists before the product is even manufactured.
Manufacturing defects: These occur during the construction or production of an item. A manufacturing defect means a product deviates from its intended design and that deviation makes it dangerous.
Marketing defects: Also known as failure to warn, these involve improper instructions or failure to warn consumers of potential risks. These can include inadequate safety warnings or unclear usage instructions.

Product Liability Statistics

The U.S. Consumer Product Safety Commission (CPSC) estimates that defective products cause over 28.5 million injuries and 50,900 deaths annually in the United States. In 2019, the National Highway Traffic Safety Administration (NHTSA) recorded over 900 recalls affecting more than 53 million vehicles due to safety defects, including faulty airbags, brakes, and ignition switches. Further, the U.S. Food and Drug Administration (FDA) reports that adverse drug reactions cause approximately 1.3 million emergency room visits and 350,000 hospitalizations annually.

Due to the high number of injuries and deaths resulting from product liability defects, the number of product liability lawsuits filed in the United States has been steadily increasing. According to the United States Courts, over 100,000 product liability cases were filed in federal courts alone in 2020. The average compensation for product liability cases varies widely based on the severity of the injury and the specifics of the case, but settlements can range from thousands to millions of dollars.

Retaining a skilled product liability lawyer in Lake Mary can increase your chances of recovering compensation for your injuries from a defective product. Our team at Chubb Law has helped clients throughout Florida, including Altamonte Springs, Casselberry, Longwood, Oviedo, Sanford, and Winter Springs. We have recovered millions for our clients.

Key Legal Concepts in Florida Product Liability Law

Product liability is a legal concept that holds manufacturers, distributors, retailers, and other parties in the supply chain accountable for injuries caused by defective products. Under Florida law, there are three main theories of product liability:

Strict liability: Holds all companies in the chain of distribution liable for injuries caused by defects in a product, regardless of whether they were negligent in the design, manufacturing, or labeling of the product. This means the injured person does not need to prove fault, only that the product was defective and caused harm. For example, if a US based company imports a defective product made by a foreign company, the US company can be liable even though they did not design or manufacture the product.
Negligence: A party in the supply chain, such as a designer, manufacturer, distributor or retailer, can be liable for negligence if they fail to exercise reasonable care in handling the product. This could include failing to inspect the product for defects, warning consumers about potential hazards, or selling a product they knew was dangerous.
Breach of warranty: Manufacturers and sellers often make express warranties about their products, such as guarantees of safety, performance, or durability. If a product fails to live up to these warranties and causes injury, the injured person may have a breach of warranty claim.

Product liability law is designed to protect consumers from harm caused by defective and dangerous products. Understanding these key legal concepts is essential for anyone pursuing a product liability claim in Florida. If a defective product has injured you or a loved one, it is crucial to seek the guidance of an experienced Lake Mary product liability attorney at Chubb Law.

Legal Rights of Product Liability Accident Victims

If a defective product has injured you, you can seek compensation for your damages. Your legal rights as a product liability accident victim include:

Right to compensation: You can pursue compensation for various damages.
Right to legal representation: You have the right to legal representation from a qualified product liability attorney. We can investigate your claim, gather evidence, determine the liable parties, explain your legal options, negotiate with insurance companies on your behalf, and represent you in court.
Right to a fair trial: If your attorney cannot reach a fair settlement, you can take your case to court and present your evidence before a judge or jury. The court will determine if the product was defective and the extent to which the defect caused your injury.

By understanding your legal rights and acting promptly, you can increase your chances of securing the compensation you deserve for your product liability injuries. At Chubb Law, we are dedicated to protecting your rights and helping you navigate the complexities of product liability law. Contact us today for a free consultation to discuss your case and explore your legal options.

Damages You Can Recover in Product Liability Cases

In product liability cases, victims of defective products can seek various types of damages to compensate for their injuries and losses. These damages aim to make the victim whole again, addressing the injury’s economic and non-economic impacts. Here are the main types of damages that you can recover in product liability cases:

Economic damages: These damages cover the quantifiable financial losses resulting from the injury. They include medical expenses, lost wages, loss of earning capacity, property damage, and out-of-pocket expenses.
Non-economic damages: These damages compensate for the intangible, non-monetary aspects of the injury. They include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium.
Punitive damages: Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future and are awarded in cases where the defendant’s conduct was particularly egregious, reckless, or malicious. To be awarded punitive damages, you must typically prove that the defendant acted with gross negligence or willful misconduct.
Wrongful death damages: If a defective product causes the death of a loved one, the surviving family members can seek damages through a wrongful death claim. These damages include funeral and burial expenses, loss of financial support, loss of services and support, and loss of companionship.
Survival damages: In some situations, the estate of the deceased may pursue survival damages for the pain and suffering the deceased experienced between the time of injury and their death. This can include compensation for medical expenses, lost wages, and non-economic damages like pain and suffering endured by the deceased before passing away.
Special damages: Special damages are unique to each case and cover specific losses that do not fall neatly into the categories of economic or non-economic damages. These may include rehabilitation costs, home modifications, and assistive devices.

Recovering damages in a Florida product liability case involves a thorough assessment of the tangible and intangible impacts of the injury. An experienced product liability attorney can help you understand the full extent of your damages and fight for the compensation you deserve. If a defective product has injured you or a loved one, contact our knowledgeable Lake Mary product liability lawyers at Chubb Law to discuss your case and explore your legal options.

Insurance Coverage for Product Liability Accidents

Product liability accidents can have devastating consequences for those injured by defective products. Fortunately, most companies carry insurance policies to provide financial protection for injured consumers. Key insurance coverages involved in product liability accidents include:

Product liability insurance: Manufacturers, distributors, and retailers typically carry product liability insurance to protect themselves from claims related to defective products. This type of insurance covers legal defense costs, settlement and judgment costs, medical expenses, and property damage.
General liability insurance: General liability insurance provides broader coverage and often includes product liability as a component. This policy covers bodily injury, property damage, and personal injury claims that occur during the manufacturer’s business operations.
Health insurance: Health insurance covers medical expenses incurred by the consumer due to injuries caused by a defective product. This includes costs for emergency care, surgeries, medications, and rehabilitation services.
Homeowners or renters insurance: Homeowners and renters insurance may cover property damage caused by a defective product within the policyholder’s home. For example, if a faulty appliance causes a fire, the policy may cover the costs of repairing the damage.

It is vital to carefully review your insurance policies to understand any exclusions related to product liability, as some policies may exclude coverage for certain types of products, intentional misconduct, or punitive damages. Insurance policies have coverage limits that dictate the maximum amount the insurer will pay for a claim, and depending on the severity of the product liability case, these limits may be reached quickly. Our experienced product liability attorneys in Lake Mary can navigate insurance complexities and help you pursue the compensation you deserve.

Common Types of Product Liability Cases We Handle in Seminole County

At Chubb Law, our Lake Mary product liability attorneys are dedicated to protecting the rights of Seminole County residents injured by defective products. We have extensive experience handling a wide range of product liability cases. Here are some of the most common types of cases in which we represent clients:

Defective consumer products
Defective medical devices
Dangerous pharmaceuticals
Defective automobiles and vehicle parts
Defective industrial and workplace equipment
Defective food products
Defective recreational products
Defective household products

If a defective product has injured you or a loved one, contact us today for a free consultation. Let us help you navigate the legal process and fight for your rights.

Common Causes of Product Liability Accidents

Defective products can cause many injuries, from minor inconveniences to life-threatening situations. Understanding the common causes of product liability accidents can empower you to be a more informed consumer and protect yourself from harm. Frequent reasons why product liability accidents occur include:

Design defects: These defects are inherent in the product’s blueprint, making it unreasonably dangerous even if manufactured perfectly.
Manufacturing defects: These defects arise during the production process when a product deviates from the intended design specifications.
Warning defects: These defects involve inadequate instructions, warnings, or labels that fail to inform consumers about the product’s proper use or potential risks.
Counterfeit products: Counterfeit products are illegal imitations of genuine brands. They often lack proper safety features or use substandard materials, posing a significant consumer risk.
Failure to recall defective products: In some cases, manufacturers may become aware of a defect but fail to issue a timely recall. This can put many consumers at risk.

Remember, this is not an exhaustive list. Product defects can manifest in various ways, and new safety concerns may emerge with advancements in technology and manufacturing processes. If a defective product has injured you, contact a qualified product liability lawyer to discuss your legal rights and options.

What to Do After a Product Liability Accident

Experiencing a product liability accident can be disorienting and stressful. Knowing what steps to take immediately following such an incident is crucial for your safety, well-being, and potential legal claim. Here is what you should do after a product liability accident:

Seek medical attention: Your health is the top priority. Even if your injuries seem minor, getting checked out by a doctor is essential.
Secure the evidence: Gather evidence related to the defective product if possible. Take pictures of the product, keep it, record its model or serial number, and save any receipts or purchase records.
Report the incident: There may be reporting requirements depending on the product type.
Contact a product liability attorney: Our experienced product liability attorneys can advise you of your legal rights and options.
Document everything: Record everything related to your accident and claim. This includes the dates and times of the accident and any doctor visits, detailed notes about your injuries and pain levels and how they impact your daily life, copies of all medical records and bills, pictures of the defective product and any damage, and communication with the manufacturer, retailer, or insurance company.

Remember, taking prompt action is crucial. There may be deadlines for filing a product liability lawsuit. Consulting with our attorneys as soon as possible after your injury helps preserve your rights and maximizes your chances of securing compensation.

The Cost of Product Liability Accidents

The financial burden of injuries and deaths caused by defective products is significant, costing the U.S. economy more than $1 trillion yearly in medical costs, lost productivity, and other expenses. According to UN Trade & Development (UNCTAD), this amount equals the entire per capita gross domestic product (GDP) of 39 countries.

The Product Liability Claim Process in Seminole County

Navigating a product liability claim in Seminole County involves several crucial steps to protect your rights and give you the best chance of obtaining fair compensation for your injuries. Here is an overview of the product liability claim process:

Consultation with a product liability attorney in Seminole County
Investigation gathering evidence
Determining liability
Preparing and filing the claim
Litigation if necessary
Settlement or judgments
Enforcement and closure

Building a Strong Case for Product Liability

Product liability cases require thorough preparation, compelling evidence, and strategic legal arguments to achieve a favorable outcome. To build a strong product liability case, it is necessary to:

Hire an experienced product liability lawyer in Lake Mary.
Preserve the defective product.
Gather detailed evidence.
Identify all potential defendants.
Establish key legal elements.
Navigate the legal process.

Building a strong product liability case requires meticulous preparation, compelling evidence, and strategic legal action. Following these steps and working with an experienced attorney can enhance your chances of securing fair compensation for your injuries. At Chubb Law, we are dedicated to guiding you through every step of the process and advocating for your rights.

Product Liability Statute of Limitations in Florida

The statute of limitations for product liability claims in Florida is usually four years from the date of the injury. This means that you must file your lawsuit within four years of the date you were harmed, or you may lose your right to sue.

Product Liability Statute of Repose in Florida

The statute of repose for product liability claims in Florida is different than the statute of limitations. It is usually 12 years from the date a product is manufactured. Under Florida law, there is generally no product liability claim for products over 12 years old.

What is Needed to win in a Product Liability Case

To win a product liability claim in Florida, you must generally prove the following elements:

The product was defective
The defect was unreasonably dangerous
The defect caused your injury
You suffered damages

In a strict liability case, the plaintiff must prove that the product was defective and caused their injury. However, the plaintiff does not need to prove that the manufacturer was negligent. In a negligence case, the plaintiff must prove the defendant’s duty of care, breach of that duty, causation, and damages.

Comparative Fault in a Product Liability Claim

In Florida product liability claims, comparative fault comes into play when you, the injured person, are also considered partially responsible for the accident that caused your injuries. This legal principle, known as comparative negligence, affects the amount of compensation you can recover. If you are found to be more than 50% at fault for your injuries, you may be barred from recovering damages.

Our skilled product liability attorneys can anticipate potential arguments of comparative fault raised by the defense and develop a legal strategy to minimize them. This might involve gathering evidence demonstrating the product’s inherent defect and how it primarily caused your injury.

Why You Should Choose Chubb Law for Your Product Liability Case

When faced with the complexities of a product liability case, having a knowledgeable and experienced legal team on your side is essential. Chubb Law is dedicated to providing exceptional representation and securing the best possible outcomes for our clients. Here is why you should choose us for your product liability case:

We have specialized knowledge in product liability law and stay current with the latest legal precedents and industry standards.
We have a history of successful outcomes in product liability cases, demonstrating our ability to handle complex claims and achieve favorable client results.
We conduct an in-depth analysis of your case that helps build a solid foundation for your claim.
We tailor our legal strategies to fit the specific circumstances of your situation.
We will vigorously advocate for your rights and interests.
We leverage our resources and legal skills to present compelling arguments and evidence on your behalf.
We collaborate with top industry experts to provide authoritative testimony that supports your claim.
We prioritize our clients, providing personalized attention and keeping you informed throughout the legal process.
We pride ourselves on clear and open communication, ensuring you understand your legal options, the progress of your case, and the potential outcomes at every stage.

Choosing the right legal representation is crucial in a product liability case. At Chubb Law, our specialized knowledge, comprehensive legal strategies, and unwavering commitment to our clients set us apart. Contact us today for a confidential consultation to discuss your case and learn how we can help you secure the compensation you deserve.

Contact Us Today

At Chubb Law, we are committed to helping victims of defective and dangerous products in Lake Mary, Seminole County, and throughout Florida. Our experienced attorneys understand the complexities of product liability cases and work diligently to ensure our clients receive the compensation they deserve. If a defective product has injured you or a loved one, contact us today for a free case evaluation, and let us help you navigate the legal process and fight for your rights.

PRODUCT LIABILITY FAQ

How is Chubb Law different?

We could list all the awards we’ve received or tell you how much better our results are than other law firms– but that’s not what makes us different. We are different because we truly care about our clients. Because we care, you won’t feel like you’re one of 10,000. You will feel heard and prioritized. You will feel confident in your legal team. You will feel like you’re in the right place.

How much does it cost to start a case? I heard it’s free? How do you make money?

It doesn’t cost anything to start your case and you will never pay us anything out of your own pocket. We work on a contingency fee basis, which means you pay us only if we win your case. Our fee comes in the form of a percentage of the settlement or verdict amount we obtain.

Do I really need an attorney or should I just work things out with the insurance?

We tell people all of the time, “if insurance companies would just treat people right there would be no need for what we do.” Unfortunately, most of the time insurance companies don’t treat people right. The only way to ensure you are protecting your rights is to consult with an attorney.

Should I take an insurance offer?

No. Not without consulting an attorney. We make all clients an “Increased Offer Guarantee.” If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.

I already have an attorney, can I change attorneys?

Yes. In the state of Florida, you can change attorneys mid-case. In fact, you can fire your current lawyer for practically any reason. The Florida Supreme Court has set out “10 Basic Rights” that every client is entitled to from their lawyer. Read more about those here.

Mitch’s 8 Promises

1

Full-story, free consultation.

Our initial conversation does not have a time limit. We want to connect and hear your full story.

2

110%

We are selective in the cases we take so we can give 110% to those we do.

3

$0 out-of-pocket fees.

You will never pay us anything out of your own pocket. There are never upfront costs on your case. We only get paid if we win your case.

4

Unlimited.

Our clients are guaranteed unlimited communication with their legal team.

5

Proactive communication.

We consistently communicate with you to keep you updated on your case.

6

You call the shots.

You call the shots, we lead the way. We never make decisions against your desires.

7

Increased offer guarantee.

If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.

8

The “why should I hire an attorney guarantee.”

When you hire us, not only will we handle everything, but the result we get will leave you with more in your pocket— even after attorney’s fees.

Contact Us Today for a Free Case Evaluation

Do not wait to seek legal help if you or a loved one has been injured in an accident. Contact our Seminole County personal injury law firm today to schedule a free, no-obligation case evaluation. During your consultation, we will review the details of your case, explain your rights and legal options, and provide you with honest and straightforward advice about how to proceed.

Remember, you do not have to face this difficult time alone. Let Mitch and Christopher fight for you so you can focus on your recovery and move forward with your life.