Call Us At (941) 207-7477
A product defect lawyer in Florida can file for claims on your behalf if a product has caused you injury. These are called product defect claims or product liability claims. The manufacturer, wholesaler, distributor, importer, marketer, retailer, or designer has a responsibility to protect the public from dangerous products and ineffective designs that could cause injury.
Our injury and accident lawyers at W. Lee Clark & Associates have experience in navigating laws that protect consumers against the harm caused by defective products. Contact us for a free consultation on your case. Call (941) 207-7477.
Why Do I Need A Product Liability Attorney?
When it comes to defective products and personal injury claims, there are many laws, both state and federal, that apply to your case. Not having an experienced defective products lawyer on your side can be fatal to your claim. Never try to handle a defective product case against a large corporation by yourself. In some cases failing to make the proper claim against all the potential defendants can bar a claim against others who may be more responsible for your injury. A product liability attorney can help you understand the law better and ensure all defendants who are responsible for your injury are held accountable. Lawyers who are experienced in handling defective product injury cases know how to handle large companies and their attorneys.
A product liability attorney can help you decide whether to file a lawsuit or try to settle your case out of court. What is equally important is that you hire an experienced product liability lawyer. Just because a lawyer says they handle personal injury cases, does not mean they handle product defect cases.
If you hire W. Lee Clark & Associates, you will have a strong claim against the manufacturer of the defective product, the wholesaler, the distributor, the importer, the marketer, the retailer, and/or the designer.
What Type of Damages Can a Defective Product Attorney Recover?
The majority of us have no legal training and little experience in negotiating with product manufacturers, their in-house attorneys, and their insurers. Many injured people who try to negotiate directly with large corporations and insurance companies don’t even know what to ask or how to present a defective product claim.
In a claim for faulty products, your attorney will seek compensatory damages. The attorney can also seek punitive damages if your case qualifies.
- Compensatory Damages are intended to compensate for the loss that has occurred as a result of an accident. Compensatory damages come in two forms: economic damages and non-economic damages.
- In civil cases, economic damages are awarded to compensate for the loss or damage caused by an accident. They include medical expenses in the past and future, property damage, lost wages, or loss of earning potential.
- Non-economic damages are still compensable after an accident. These damages can include, for example, pain and suffering, mental distress, and loss of the enjoyment of life.
- Punitive damages can be awarded to punish the defendant for its conduct and to deter or to prevent the manufacturer or similar companies from repeating that act.
What Are the Elements of a Successful Product Liability Claim?
To prove your claim for a defective product, either you or your product defect lawyer in Florida must be able to show certain facts.
- You must have the product. Only in rare cases can a defective product case be successful if the product is no longer available. You must do everything in your power to safeguard the product, or what is left of the product, after the injury occurs. The number one rule in defective product cases is to safeguard the evidence. Your lawyer can take possession of the evidence and safeguard it for use in your case. Never throw away the evidence after an injury and never turn it back into the store or the company from where you bought it. Evidence returned to the store or the manufacturer tends to go missing.
- Do not try to fix the product after an injury. Simply store it in a safe place out of the elements and contact an experienced product liability lawyer immediately.
- You must prove an injury to be successful in your claim. If there is no injury or damage, you cannot file a claim.
- You must prove that the defect in the defective item is responsible for the injury or damage. You or your lawyer must be able to prove that the product was defective and that the defect was known or should have been known by the manufacturer and they failed to warn consumers of the defect.
- It must also be shown that the injured person used the product in the way it was intended. You cannot bring a claim for product liability if you have been injured by using the product differently than intended or if modifications were made to the product without the manufacturer’s permission.
- Also, there is an age of the product issue in Florida commonly called the Statute of Repose. Please contact W. Lee Clark and Associates to learn how the Statute of Repose may affect your case.
Call Us At (941) 207-7477
Warning Labels for Product Liability Cases
A lot of defective product claims come about because the product wasn’t properly labeled with an appropriate warning that would have prevented harm.
Labels must be large enough to be seen, easily visible, and close to the danger. Simply because a warning was provided by the manufacturer, does not mean the warning was sufficient to prevent a valid claim. An experienced product liability lawyer like W. Lee Clark and Associates can explain this in more detail.
What Does a Product Defects Lawyer in Florida Do?
Litigations involving product liability or defective products can be complex because more than one person can be injured and there may be multiple parties at fault. A defective product attorney has the skills and knowledge to determine who is responsible for your injury, and if it’s worth your time to file a lawsuit.
A defective product attorney will determine the companies responsible for your injury, and then build a case. Your lawyer will show that you suffered an injury and a loss as a result of using the defective product. The attorney will prove that the defective product was not the result of misuse, but rather the defect in the product. You can sue more than one party for compensation in a product liability case, such as manufacturers, wholesalers, and retailers. Your lawyer knows that you do not have to pick one. In a defective products lawsuit, all parties can be held responsible.
W. Lee Clark & Associates is the Defective Product Law firm You Need on Your Side
We have certain safety expectations when we buy items. Many parties knew or should have known about the dangers of the defective products they make and sell. W. Lee Clark & Associates can help you if you have been injured by a defective product.
You can trust the firm to represent your interests as it goes after manufacturers, retailers, or wholesalers who put the public in danger. W. Lee Clark & Associates knows how to negotiate with insurance companies for the best settlements possible, but is not afraid to go to court if our client hasn’t received what they deserve. Call now at (941) 207-7477 if you have any questions or need a product defects lawyer in Florida for a free consultation.
Due to the complexities in the law that apply to product liability cases, and the need to safeguard the most critical pieces of evidence, you should contact an experienced product liability lawyer as soon as you possibly can after an injury. Delays in contacting a lawyer can mean the difference between a successful claim or not.
