What You Need to Know About Product Liability Lawsuits

Dec 20, 2019 - Personal Injury

When we go to the store or order something online, we expect the product to work as intended. Unfortunately, this is not always the case. However, there is a big difference between getting ripped off and sustaining a serious injury. Though both are frustrating, to say the least, individuals feel truly betrayed when the defective product causes them to physically suffer. That is why product liability lawsuits exist.

In the 21st century, we have seen various product liability lawsuits, all filed to help compensate individuals who have been unfairly harmed by a product that should have never hit store shelves. Of the most remarkable Florida product liability lawsuits in the past 20 or so years, R.J. Reynolds Tobacco Co. was slapped with a $23.6 billion lawsuit in punitive damages, as well as $16.8 million in compensatory damages.

The case is as follows: Michael Johnson Sr., a longtime smoker, passed away in 1996 from lung cancer. His attorney asserted that he was targeted from a young age by malicious cigarette companies and their advertising, as they actively hid and misrepresented the dangers of cigarettes. Because of their failure to warn him, he died from a smoking-related illness and was therefore entitled to financial compensation.

If you believe you have been unfairly injured by a defective product, please read on to learn more about how our firm can help you file a product liability lawsuit:

Who is responsible for a defective or unsafe product?

There are three primary types of product liability lawsuits. They are as follows:

  • Designer defects: If a company fails to ensure their product is safe for all to use and someone is injured as a result, he or she may be entitled to compensation. However, they will generally have to prove that there is a safer way to design the product that would not hinder its overall function and purpose, and that had the product been designed this way, the injury would not have occurred.
  • Manufacturer defects: When products are deemed safe and the manufacturer diverges from the designer’s blueprint to save time, money, or simply out of sheer carelessness, people can become injured as a result, which is often grounds for a product liability lawsuit.
  • Failure to warn: As in the case against R.J. Reynolds, when companies create a product and fail to warn individuals of its dangers, they may be subject to a product liability lawsuit. This also goes for products that are safe if used correctly, such as chainsaws, but without proper instruction and warning, quickly become very dangerous.

How long do I have to sue for an injury in Florida?

Florida’s statute of limitations states that individuals injured due to a dangerous product will, generally, have four years from the date of their accident to file a product liability lawsuit. However, it is also worth noting that if the accident caused a wrongful death, the statute of limitations is, generally, shortened to two years. After your accident, you must ensure that you do not throw the product away, as our attorneys will most likely use the defective or unsafe product as evidence to prove your claim. Our firm has helped wrongly injured clients receive the compensation they need for years, and we are ready to do the same for you.

Contact our experienced Florida firm

Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance, every step of the way. Please contact our office for an initial consultation today.

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