If a dangerous or defective product has injured you or a member of your family, you may be eligible to receive financial compensation for the injuries. Although you may think a lawsuit is not possible when a product malfunctions, it is imperative you do not discard or give away the product (rather, keep it in a safe, secure location if possible), seek medical attention for your injuries and call attorneys as experienced as Geoffrey Pelosi to evaluate the product and your case.
Product liability matters we handle include, but are not limited to, injuries resulting from defective seatbelts and other automobile/motorcycle parts, any home or office appliances, lawn mowers and any tools, medical devices, prescription drugs, and children’s products and toys.
In Florida, to succeed in a product liability lawsuit, plaintiffs are required to prove the following elements in a negligence claim:
The plaintiff was injured or suffered losses. The plaintiff must show actual injury or monetary loss as a result of the use of the defective product.
The product is defective. The plaintiff must prove that the product either had a design defect or manufacturing defect, or that the company failed to warn of the risks of the product.
The defect was the actual and proximate cause of the injury. The injury sustained must have been caused by the defect itself. The defective product must also be the proximate cause of the injury. A defendant will not be liable where an “intervening act” supersedes the defective product as the proximate cause of the injury.
The product was being used as intended. The product must have been used in a way the manufacturer intended to be used or in a way the manufacturer could expect a reasonable person to use it.