Product Liability Claims in Florida: What Consumers Should Know

Most people get by day to day by using various types of consumer goods. When purchasing a product like a prescription medicine, a cell phone, or a child’s toy, the assumption by the consumer is that when they use their product it will work the way it is supposed to. Certainly, the expectation is not that the product will be defective and cause them harm.

However, sometimes consumer goods are not safe and as a result, consumers can be hurt or even lose their lives from a defective product. If you were injured by a defective product in Florida, you may be able to file a product liability claim to obtain compensation for your damages. Determining what the flaw was and who is liable can be complicated in product liability cases.  Working with a legal professional experienced in product liability laws in Florida can be helpful.

After an injury by a defective product, you may call a Tampa personal injury attorney at Fulgencio Law to learn more about what your next steps should be.

What Your Rights Are When You Are Injured by a Defective Product

The first step in the product liability claims process is determining what the issue was with the product and what party is liable. This is because there are several parties that may be held accountable for paying a victim for the losses that they suffered. Some of these parties are:

• Manufacturers may make products for consumers that had unsafe designs, were improperly marketed, or were not manufactured correctly. Sometimes there are multiple manufacturers involved in a product liability suit depending on how complicated the product is.
• Retailers who sell unsafe products. An implied warranty is when it can be reasonably assumed that consumers believe the inventory a retailer puts out for sale should be safe to purchase and use. 
• Wholesalers who distribute products that are unsafe. Similar to retailers, implied warranty can hold a wholesaler responsible for injuries consumers sustain.

All entities who have been in the chain of manufacturing and distribution of a defective product should be identified to determine who is liable since multiple entities could be responsible for paying a victim.

The time limit for filing a product liability claim is the statute of limitations, and every state has one. The Florida statute of limitations for filing a product liability claim is two years. It is imperative that a claim be filed in this timeframe because failure to do so will mean that a victim will be unable to obtain the compensation they need for their losses.

Florida’s pure comparative negligence system looks at all parties involved in an injury incident to assess contributions to the incident occurring. If a victim of a defective product is found to be responsible for their accident, their compensation will be reduced by the proportion of responsibility they are deemed to have. For example, a victim that is considered 20% responsible for their injuries, will have their compensation reduced by 20%. 

Speak to Fulgencio Law Today

You deserve compensation after you were injured by a defective product. A Tampa personal injury attorney at Fulgencio Law can help. Please call (813) 463-0123 to speak with an attorney during a free consultation.