What to Do If You’re Injured by a Defective Product in Florida
Every year, countless consumers suffer injuries due to defective or dangerous products, ranging from faulty electronics and unsafe household appliances to defective medical devices and automobile parts.
If you’ve been injured by a defective product in Florida, you may have legal grounds to seek compensation for your medical expenses, lost wages, and pain and suffering. Understanding the steps to take after such an injury is crucial in protecting your rights and building a strong claim.
Seek Immediate Medical Attention
Your health and safety should be the top priority. If a defective product causes an injury, seek medical care right away, even if the injury seems minor at first. Some injuries, such as burns, internal damage, or chemical exposure reactions, may not show immediate symptoms but can worsen over time.
Medical records will also serve as important evidence in proving the extent of your injuries and their connection to the defective product.
Preserve the Defective Product and Any Evidence
To support your claim, keep the defective product in its current condition and avoid attempting to repair or alter it. Additionally, gather:
- The original packaging, instruction manuals, and receipts.
- Photos and videos of the defective product, your injuries, and any damages caused.
- Any warning labels or safety instructions that accompanied the product.
This evidence will help establish that the product was faulty, improperly designed, or lacked sufficient warnings.
Document Everything Related to the Injury
Keeping detailed records can strengthen your case. You should document:
- Medical bills, prescriptions, and doctor’s visits related to your injury.
- Missed workdays and lost wages due to your recovery.
- Any communications with the manufacturer or retailer regarding the product.
- Pain and suffering journal detailing the physical and emotional impact of the injury.
A well-documented case helps demonstrate the extent of your damages and increases the likelihood of securing fair compensation.
Do Not Contact the Manufacturer or Accept a Settlement
Many product manufacturers or insurance companies may offer a quick settlement to limit their liability. However, accepting an early offer without legal guidance could result in significantly less compensation than you deserve. Manufacturers may also ask you to return the defective product, which could remove crucial evidence from your case.
Before speaking with the company or signing anything, consult with a seasoned Florida defective product lawyer to evaluate your options.
Understand Florida’s Product Liability Laws
Under Florida law, product liability claims typically fall into three categories:
- Defective Design: The product was inherently dangerous due to its design.
- Manufacturing Defect: A flaw in the production process caused the product to become unsafe.
- Failure to Warn: The product lacked proper instructions or warnings, leading to misuse and injury.
Florida follows a strict liability standard, meaning that victims do not have to prove negligence—only that the product was defective and caused injury. However, the statute of limitations generally allows only four years from the date of the injury to file a claim.
Contact a Florida Defective Product Lawyer
Navigating a product liability claim can be complex, especially when facing large manufacturers and insurance companies. An experienced attorney can:
- Investigate how and why the product was defective.
- Consult engineering and safety experts to strengthen your case.
- Identify all liable parties, including manufacturers, distributors, and retailers.
- Fight for maximum compensation for your medical expenses, lost wages, and pain and suffering.
Fulgencio Law
At Fulgencio Law, we are dedicated to helping injured consumers hold negligent companies accountable. If you or a loved one has suffered harm due to a defective product, don’t wait; contact our Florida defective product lawyers today at (813) 463-0123 for a free consultation to discuss your legal options.
