When it comes to personal injury law, there are many different areas of expertise. At Brotman Nusbaum Ibrahim, you can be assured that our top-notch law team can give you’re the best legal aid and advice when it comes to the area of personal injury known as “product liability.” This is also referred to as “defective product,” and can seem confusing. Fortunately, there are laws and regulations in place that are designed to protect the consumer as well as law firms like Brotman Nusbaum Ibrahim who have years of successful wins with product liability cases and litigation.
Florida consumers expect that the products they buy in South Florida or anywhere have been vetted for safety, and that they don’t pose an unreasonable risk for harm. We take this way of thinking for granted even though defective products can still enter the marketplace and lead to thousands of personal injuries every single year. In the Florida courts, we analyze what happened in a defective product case in two ways: a negligence theory, or a product liability theory. These theories might overlap or bleed together in certain cases, but for the most part, they are fairly demarcated. The latter, or “strict products liability,” means that the person’s intent does not matter as long as the plaintiff can prove that the product was defective.
Suffering an injury due to defective products can be frustrating and scary. These types of personal injuries are never anticipated, which makes them all the more frustrating and leave people filled with questions. Fortunately, there are laws and regulations in place in Florida that are designed to protect the consumer. In order to help you better understand your potential product liability case, it is helpful to consider the three types of product liability claims that we work with at Brotman Nusbaum Ibrahim:
Design Defects Claims: The first type of lawsuit is one based on the idea that the product is poorly designed or inherently dangerous. This is determined in Florida by the “consumer expectation test,” which states that a product is considered unreasonably dangerous if it does not perform as safely reasonably expected when a consumer uses it in its intended manner. These types of claims are not an aberration in the manufacturing process that caused a mistake but a claim that affects an entire line of products and poses a significant danger to anyone else using the product which was poorly designed.
Manufacturing Defects Claims: The more obvious product liability claim is probably the ones caused by manufacturing defects, and these also happen to be the most common cause of product liability claims. Even if the product were designed safely, the end result product that left the facility was not in harmony with that concept. In these instances, the original design of the product is completely safe, however, something went wrong during the manufacturing process to make the product unsafe. If that end result then caused an injury to its intended user, the manufacturer can be held liable.
Inadequate Instructions or Warnings Claims: It is the company’s responsibility to provide instructions on how to safely use or operate a product and to warn about any potential hazards associated with using it. Warnings must be highly visible as required by law. These types of claims usually involve some type of personal injury caused by a danger that isn’t obvious to a user or one that requires the user to exercise certain precautions while using it. A good example of the personal injury product liability claims that are most prevalent in Florida right now would be the ones with prescription drugs. If someone was injured by a drug which was tainted with arsenic, for example, that fell into the batch of medicine by accident, then the claim would be based on a “manufacturing defect.”
If that pharmaceutical drug was made as designed, but caused an unintended side effect of permanent hair loss among users, then the claim would be based on a “design defect.” If the pharmaceutical drug was designed correctly and generally safe to use, but was highly dangerous when mixed with alcohol and the printed labels failed to warn consumers about this, then the claim would be based on a “failure to warn.”
Florida Product Liability Claims with Brotman Nusbaum Ibrahim
After a personal injury accident, insurance companies, hospitals, and investigators waste no time in asking many questions, which can be overwhelming to those who have been involved in personal injury accidents and their loved ones. Instead of facing these traumatic requests alone, hiring the best personal injury lawyer in Boca Raton Florida with defective product experience can give you the peace of mind and serenity you deserve. At Brotman Nusbaum Ibrahim, we know how stressful these injuries can be, and we also understand that it can be difficult to know where to start. Personal injuries happen out of the blue, which is why you’ll want a professional on your side who cares for your well-being, and who take away the heavy weight you’ve been given.
Every product liability claim in Florida is different, but if you believe that you’ve suffered a personal injury from a product, then your next step is to speak with the best product liability personal injury lawyers in Florida. At Brotman Nusbaum Ibrahim, we use our many years of combined experience to evaluate the details and merits of your case in order to help you determine whether or not you may be able to receive compensation for the injuries caused by a defective product. We offer a free consultation and a 24-hour phone line, so don’t hesitate to call us if you’ve been injured by a defective product in Florida!