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One of the questions people ask when filing a defective product lawsuit in Florida is how long it will take.
Every product liability claim, in our experience is unique. Some claims can be resolved in a matter of months while others may take many years.
No set time limit exists for a case to be settled. The case will take as long as it takes to settle. These cases are often complex. In Florida, the average defective product case involves multiple parties and requires complex scientific or technological investigations. It may also involve other issues. They tend to be lengthy.
If you want a realistic timeline, try to think of six months to five. Your Florida lawyer is the best person to provide you with a realistic timeline.
Factors that Determine How Long Your Product Liability Case will Take
In Florida, the duration of a defective products case is affected by several factors.
- A class action lawsuit will take more time than a single individual claim.
- Complexity of the case
- How many parties can be liable?
- What was the severity of the plaintiff’s injuries?
- The amount of settlement requested by the claimant
- The willingness of the responsible parties to cooperate. (If they contest your claim, it could lead to a long trip)
- If the product has been recalled, when and if so.
The case will take less time if these issues are dealt with quickly. If these issues take time, then your claim may take longer than necessary, even if your personal injury attorney prioritizes your case.
Consider this example: Since 2017, a product liability group action against Nissan is ongoing. The trial hasn’t started even though the class-action has been certified in 2022.
How do You Establish that You Have a Product Liability Case in Florida?
You’ll need to prove that the product was defective, and that you, your family, or others were injured, harmed, or suffered losses as a result of its use. When you purchase a product, there is an expectation that it will work.
You’re right to be dissatisfied when it doesn’t work and causes you considerable discomfort or inconvenience. But being dissatisfied is not enough. If you want compensation for your problems, then you must follow the legal process.
You must prove that you are able to do one or more of these things:
- The product’s design was flawed. Examples include steering wheels on vehicles that lock when you are in motion, toys for children that can choke, sunglasses that do not shield the eyes from UV rays, even if they advertise that protection, and electronic devices that electrocute users.
- The manufacturing process was flawed, for example, a batch of contaminated medications, seatbelts on vehicles that do not secure the passengers, or a vehicle that has brakes that are stuck.
- The manufacturer, producer or retailer did not inform you, the purchaser, about the product’s side effects or dangers. For example, there were no warnings regarding the dangers associated with direct contact with liquid Nitrogen, safety precautions for dangerous equipment and warnings concerning side effects of medications.
Here are three common examples of product liability negligence. To qualify for a product liability claim, yours must fall into one or more categories. You’ll need to prove, in the end, that only one of these elements caused your injury or loss.
If you are involved in an accident with another vehicle due to brake failure, you must prove that the defect is the fault of the manufacturer and not your failure to replace your brake pads when due or to service your brakes.
What do You Need to Prove for Product Liability?
You must show the court that you can prove that the product caused you injury or loss. Also, you must prove one or more of these things to establish your claim’s validity.
You Were Injured While Using the Product
You must be able to prove that the injuries you suffered were directly related to the product. If, for example, the sole of your shoes pulled off while you were wearing them and you stepped onto a piece of glass, you could file a claim.
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You Suffered a Loss or Injury Because of the Product’s Defect
You must have concrete proof that you were hurt. In the above example, the evidence would include the cut on your foot, any CCTV cameras in the vicinity, witnesses’ testimonies and recordings.
You Were Using the Product in Its Intended Manner When the Accident Occurred
You must have been using the product as directed when the accident happened. If you fell from a building on two stories and your shoe tore upon impact, and shards of glass cut you as you fell, you would not be eligible.
If you were walking or running as you normally would when the glass shard struck you, you are entitled to sue the shoe manufacturer for defective products.
The Product Already Had the Defect Before You Used It
The flaw must have been present before the product was used. You would not have noticed it if it wasn’t obvious to you or if you didn’t even know what you were looking for.
The shoe could have been faulty because the glue between the sole and upper part was not properly applied. This is why it opened while you were walking, and you stepped on the glass fragment.
The manufacturer will most likely deny that these claims are true and will insist that your product was in a reasonably safe condition when it shipped and when you purchased it. You may be accused of using their products for other purposes than what they were intended for.
It takes time to establish fault and prove liability. An appeal can be necessary if your claim is denied. This could take some time. The timeline for your defective product case will vary due to these factors and moving parts.
What if You Were Partly Responsible for Your Accident?
Florida is a comparative-fault state. Even if you are at fault in a significant way, you may still be eligible for compensation. Only one caveat: Your settlement will depend on the extent of your liability.
If, for example, the court determines that your injury was caused by an incident in which you were 60 percent responsible, then you will only receive 40 percent ($20,000) of the $50k settlement.
The comparative fault rule can still apply even if you are able to bring a claim based on strict liability, where the other party is not required to be negligent. You should speak to an experienced Florida defective product lawyer if you’re worried about recovering compensation.
Consult with a Florida Product Liability Lawyer
You can see that defective product cases are difficult and you need the help of a professional to win. W. Lee Clark & Associates has the product liability attorneys in Florida who have the skills and experience needed to help you get the compensation you deserve.
Please contact our attorneys if you have experienced injuries or losses due to defective products. Our attorneys offer free consultations for product liability cases in Florida. We can also help you to understand the timeline of a defective product case after we have more information.
Contact us to discuss your case today.
