Product Liability Lawyers Miami Florida
Manufacturers, distributors, and retailers have a legal duty to ensure the products they sell are safe for use. When that duty is ignored, it’s not uncommon for serious injuries to occur. Each year, Floridians of all ages are injured by unsafe food, appliances, electronics, and even safety equipment. These unsafe products cause burns, facial injuries, scarring, broken bones, head injuries, and even fatalities.
If you or someone you love has been injured by any defective product, you have the right to take legal action. Flaxman Law Group may be able to help you hold negligent companies accountable and fight for the compensation you deserve. Contact us today for a free consultation with a Miami product liability lawyer to discuss all your options.
Understanding Product Liability in Miami FL
Product liability laws protect consumers from dangerous or defective products—and to hold companies accountable when their negligence leads to harm. In Miami, and throughout Florida, businesses that design, manufacture, distribute, or sell consumer goods are legally required to take reasonable steps to ensure products are safe for use. Depending on the situation, this may mean that businesses are required to:
- Meet all relevant industry standards and rules.
- Test products.
- Create a safe manufacturing space and check it regularly for irregularities.
- Have products be designed and made by qualified professionals.
- Respond appropriately to reports of injuries or defects.
When companies fail to take measures to keep products safe, and someone is injured as a result, the companies may be held responsible for the damage caused. Businesses can be held liable for any kind of defective or dangerous product, including obviously dangerous items such as pesticides, tobacco, asbestos, and other such items. However, they can be held liable if a business makes toys, medicine, car seats, safety equipment, vehicles, or any product that causes harm.
Types of Defective Products and Liability Cases
Defective product claims can arise from a wide range of consumer goods, but they typically fall into three main categories: design defects, manufacturing defects, and marketing or labeling failures. Design defects occur when a product is inherently dangerous due to the way it was conceived or engineered. Even if it’s built exactly as intended, it poses an unreasonable risk to consumers. SUVs that are prone to rollovers, furniture that tips over too easily, or electronics with overheating issues are all examples of design defects.
Manufacturing defects happen when a product’s design is sound, but something goes wrong during production or assembly. This might involve the use of substandard materials, contamination during manufacturing, or quality control failures. For example, contamination introduced on the production line can produce a single flawed batch of medication, even if a medication is safe to use. If human error occurs in a car factory, there may be a misaligned brake component on one car or a few cars, even if most cars made by the same manufacturer pose no problems for drivers.
Failure to warn or improper labeling cases involve products that lack adequate instructions or safety precautions. Even if a product is safe when used correctly, consumers must be properly informed of risks. When warnings are vague, hidden, or nonexistent, companies can be held liable for resulting injuries. For example, if a child’s toy contains detachable parts and is only intended for children over a specific age, that must be clearly stated on the packaging. If it is not and a child chokes on a small part, the company making the toy or the packaging may be held liable.
Seeking Compensation for Injuries
Being harmed by an unsafe product can have far-reaching consequences, especially in the case of serious injury or injuries to children. Under Florida product liability law, you have the right to seek compensation for the following:
- Medical expenses. If you’ve been injured by a defective product, you can seek compensation for any medical treatment required for your injuries–including hospital stays, surgeries, rehabilitation, and any future medical care you may need.
- Lost wages and earning capacity. If your injuries prevent you from working—whether temporarily or permanently—you can seek compensation for lost income. If your ability to earn a living in the future is affected by long-term injuries or permanent disability, you may also be entitled to compensation for diminished earning capacity.
- Pain and suffering. In addition to tangible expenses, you have the right to claim compensation for the pain and emotional distress caused by your injuries. This includes both physical pain and the psychological impact, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which often follow serious injuries. If your injuries have significantly altered your lifestyle—making it impossible to participate in hobbies, activities, or relationships you once enjoyed—you may be able to seek compensation for this loss as well.
- Punitive damages. In rare cases, when a manufacturer or other defendant’s actions are found to be particularly reckless or malicious, you may be entitled to punitive damages. These are imposed to give the defendant a financial incentive to make different, better decisions about safety in the future.
- Wrongful death damages. If a defective product has caused a fatal injury to a loved one, you may be eligible to seek compensation for their final medical bills, funeral and burial expenses, and any support they offered to you.
- Property damage. If a defective product has caused property damage—for example, if a defective washing machine caused a house fire—you can seek compensation for repairs or replacement of what was damaged.
- Incidental costs. There are many additional costs after a defective product causes you harm. For example, you may need to hire someone to take care of your home and family while you heal, if your injuries prevent you from returning to everyday activities. You may need to install grab bars in your bathroom or use accessible transport because of your injuries. You can seek compensation for all these expenses.
It is important to think long-term and to consider all the likely costs of your situation, so you can get compensation. A Miami product liability lawyer can help you estimate how much your losses will really cost.
Building a Strong Case for Maximum Compensation
To win a product liability case in Florida, you need to prove that the product had a design, manufacturing, or labeling defect that made it unreasonably dangerous. This defect must have directly contributed to your injury. In other words, your injury would not have occurred without the defect in the product.
In addition, to build a strong case you must show that you were using the product in a manner that the manufacturer intended or reasonably foresaw as safe. If you were using the product inappropriately or had made modifications to the product, it may weaken your case.
Finally, you must show that the defect caused actual harm, whether physical injuries, emotional distress, lost wages, or other economic losses. You will need to provide medical records, expert testimony, and financial documents to demonstrate the full extent of your damages.
Of course, the defendant and their insurance company will try to deny or minimize your claim. The defendant may argue that the product was designed, manufactured, and labeled properly, and there was no defect present. They may show that the product met industry safety standards.
If the plaintiff was using the product in a way it was not intended to be used, the defense may argue that this misuse caused the injury. For example, if a warning label was clearly provided but the plaintiff ignored it, the defendant may claim they are not responsible for the harm.
In some cases, the defendant may argue that the plaintiff’s own negligence contributed to the injury. Florida follows comparative negligence, meaning the plaintiff’s damages can be reduced if they are found partially at fault for the injury.
The defendant may argue that the plaintiff knowingly and voluntarily accepted the risks associated with using the product. For instance, if the plaintiff was aware of a defect but continued to use the product, this could be used as a defense.
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Why Hire a Product Liability Lawyer & How We Help
It’s important to consult with a Miami product liability lawyer if you may have been injured by an unsafe product because in many cases you do not know all the details of your situation. After being injured, you may now know that the manufacturer cut corners at a factory or that others have been harmed by the same product.
It’s our job to find out—and to seek fair compensation for you. The reality is that working with an experienced product liability attorney gives you a better chance at securing fair compensation because an attorney knows what to do. Hiring the right attorney isn’t just about handling paperwork or filing deadlines—it’s about having someone knowledgeable about the law by your side, seeking fair compensation for you.
At Flaxman Law Group, for example, here’s how we protect your best interests:
- We conduct our own investigation. We start by investigating every aspect of the incident, including examining the defective product, identifying the manufacturer and distributor, and reviewing any prior complaints or recalls related to the product. This thorough investigation helps determine who is at fault and how the product defect led to your injury. It also helps us gather evidence we can use in your case.
- We work with a team of experts. We work with certified, experienced professionals in engineering, safety standards, medicine, and other relevant fields to assess the defect, the cause of your injury, and the long-term implications of your harm. Their testimony helps strengthen your case.
- We document your damages. We secure medical records, bills, and any supporting documentation for lost wages or future care. We also work with medical professionals to understand the long-term impact of your injuries, which can influence the amount of compensation we pursue.
- We pursue compensation for you. Once we’ve built a strong case, we negotiate with the responsible parties, seeking a fair settlement for you. We’re prepared to take the case to trial if necessary to secure the compensation you deserve.
In product liability claims, building a strong case isn’t just about gathering evidence—it’s about assembling the right narrative. We craft a compelling, fact-driven story that shows how the defective product harmed you, why the company is responsible, and why you deserve maximum compensation. If you’d like to discuss how we would approach your case specifically, contact Flaxman Law Group for a free consultation.
Getting Started with Your Case
The sooner you act, the stronger your case can be. In product liability cases, the evidence you need to prove your claim can fade over time, and witnesses’ memories may become less reliable. Additionally, Florida law has strict timelines for filing claims, so it’s important to get started as soon as possible.
At Flaxman Law Group, offer a free, no-obligation consultation to discuss the details of your case. During this meeting, we listen to your experience, review any evidence you have, and explain your legal options. We’ll answer your questions, help you understand your rights, and determine whether you have a strong case. There is no cost and no obligation, so you can quickly learn more about your options with no risk.
If you choose to work with us, we handle all aspects of your case, from filing the necessary paperwork to communicating with insurance companies and other parties involved. This ensures you don’t have to worry about the legal details and can focus on your recovery. We also work on a contingency fee basis, meaning you don’t pay until and unless we secure money for you.
Flaxman Law Group is proud to be part of the Miami community, with offices right in the city. We have over 50 years of combined experience in the area, and we have secured close to one billion for our clients.
If you’ve been injured, taking action is the first step toward securing the compensation you deserve. We make it easy for you to get started. Contact us today, and let’s begin building your case.
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