If you have suffered an injury as the result of a defective product or a dangerous medication, seek the services of an experienced personal injury lawyer that has a successful record of achieving damages in these cases. Contact a Boca Raton mass torts lawyer that is ready to help those who are injured, and pursue fair compensation from insurance carriers that try to limit damages.
Negligent Liability Laws
Depending upon the circumstances of the case, product liability law can use one of two legal theories: negligence or strict liability.
Under negligence, the product’s maker has a legal responsibility to act with care toward others by producing a product without harmful defects. A product that is dangerously defective is a breach of that responsibility, and the defect is what caused harm to the product’s user.
A claimant using the negligence theory must prove the product’s maker was negligent by a preponderance of the evidence. Florida has adopted the comparative negligence doctrine which limits the amount of damages a party can claim if that party bears some fault in the injury, up to 50%. Someone who is 30 percent at fault may only claim 70 percent of the damages, for example. If they are 51% or over at fault, they are barred from recovery entirely.
Strict Liability Laws in Florida
Under the strict liability doctrine, it is not necessary for the claimant to prove negligence because strict liability holds the product maker automatically legally liable for the harm a defective product causes. However, the injured party must prove that the defective product caused the injury and the product maker is responsible for the defect. A Boca Raton mass torts lawyer can attempt to establish the product maker’s liability.
The claimant also must show that the condition of the product at the time of the injury was in the same operating condition as new and that the claimant did not tamper with the product or misuse it.
Statute of Limitations
Florida law allows a claimant up to two years to bring a product liability lawsuit for an injury or if a death occurred. Those who let that deadline expire are forbidden by law from ever again raising that issue. In order to file a claim in the appropriate window, it is necessary for individuals to contact a Boca Raton mass torts attorney as quickly as possible.
Mass torts can be less expensive to pursue. Attorneys representing their own clients can work together by exchanging information and evidence they develop and can share ideas. Financial and other resources attorneys use also can be shared which can help reduce the cost of litigation per individual litigant.
How a Boca Raton Mass Torts Attorney Can Help
Those who are injured by a defective product or a dangerous drug should promptly contact a Boca Raton mass torts lawyer for a free, no-obligation consultation. The attorney may already know of a relevant mass tort litigation that can be joined. To have the best chance at compensation, the help of an attorney is instrumental, so contact right away to begin your case.