At Kogan & DiSalvo, our skilled lawyers have represented clients throughout South Florida in claims against manufacturers, distributors, and retailers who put profits ahead of consumer safety. From dangerous pressure cookers to defective vehicle parts, we have experience in all areas of product liability law.
If you have been injured by a faulty medical device, an unsafe drug, or a defective household item, we can help you pursue compensation for economic and non-economic losses. When you have questions about your rights to legal recovery, a Florida product liability lawyer at Kogan & DiSalvo is your best resource. We have the resources to hold negligent parties accountable and seek the justice you deserve.
What is Product Liability?
Product liability is a doctrine that gives consumers the right to sue if they are wrongfully injured by a defective or dangerous product. When you purchase a child’s playpen, a new tire, or a medication, you do so with the implicit understanding that the product has been thoroughly tested and is safe to use for its intended purpose. Unfortunately, manufacturers often cut corners to save money and boost their bottom line. As a result, some products reach the marketplace with inherent design flaws, and others are sold without warning of serious risks.
A product liability lawsuit may arise when one of the following can be proven:
- Manufacturing defects. A manufacturing defect occurs during production where deviations in protocols, materials, or assembly methods result in significant flaws that can cause the product to malfunction or not perform as intended. Examples include poorly installed circuitry, incorrect materials, or erroneously mounted parts.
- Design defects. The product’s design is flawed in some way, making it unreasonably dangerous to the consumer. Examples include vehicles that are too top-heavy and prone to flipping, a child’s toy with choking hazards, and tools with improperly designed safety guards.
- Failure to warn. The manufacturer, retailer, or distributor has to provide sufficient instruction on how to use a product, as well as known and potential risks. Consumers who are harmed because of undisclosed risks or missing warnings about the safe use of a product may have a valid claim for damages. Examples include a blood thinning medication that does not warn users about known side effects or possible drug interactions, or a chemical cleaning solvent sold without adequate handling instructions.
Types of Product Liability Claims in Florida
In Florida, claimants can pursue product liability lawsuits against manufacturers, distributors, and others in the supply chain under the following theories:
- Negligence: If negligence in the design or manufacture of the product caused harm and financial losses, victims might pursue a legal claim for damages. To prevail, claimants must establish that the defendant breached their legal obligation to produce and sell a safe product, which directly contributed to their injuries.
- Strict Liability: Most product liability claims are based on this theory. Manufacturers may be held strictly liable for any injuries and losses caused by defective and faulty products. In this context, strict liability only applies if the product was used for its intended purpose, as stated by the manufacturer.
- Breach of Implied or Express Warranty: The consumer relies upon these warranties which state that the product will not cause any injury if used as intended and that all representations of the product are correct.
What Damages Are Available in a Florida Product Liability Lawsuit?
A successful product liability lawsuit in Florida can recover compensation for a variety of losses incurred by the plaintiff. A court award or settlement may include damages for lost income, medical and hospital expenses, ongoing medical care, loss of future earnings, pain and suffering, disfigurement and scarring, as well as property damage.
In rare cases, punitive damages may also be awarded. This category of legal compensation is intended to punish the defendant for intentionally egregious behavior and blatant disregard for consumer safety.
Common Examples of Defective Products
Our product liability attorneys represent South Florida residents who are harmed by dangerous and defective products, including – but not limited to the following:
- Medical devices
- Pharmaceutical drugs
- Household appliances, furniture, and goods
- Motor vehicles
- Vehicle parts
- Cleaning products
- Heavy equipment and machinery
- Pesticides, herbicides, and agricultural products
- Children’s toys
- Power tools
If you choose to retain our services for your Florida product liability claim, there are no upfront legal fees since our attorneys take cases on a contingency basis.
Evidence in a Defective Product Lawsuit
Most product liability cases will rely on direct physical evidence that demonstrates a specific product defect. An expert examination of the product will generate information that shows which exact flaws or problems caused the malfunction and subsequent injuries.
If the product in question is in your control, it’s imperative to ensure it is safely stored for later inspection.
Other evidence used to support a defective product claim includes:
- Receipt or document showing you purchased the product and the full chain of custody
- Any recall notices issued by the Consumer Product Safety Commission or FDA
- Documentation of all injuries suffered, including accident reports and medical records
- Photos of the actual injuries incurred
- Proof of financial losses, such as missed work, hospital bills, and out-of-pocket expenses
- Expert testimony submitted by industry professionals
- Proof that the defendant had knowledge about a manufacturing or design defect (internal company memos, FDA warnings, previous recalls)
Our lawyers know how to preserve critical evidence that bolsters your product liability claim and will fight to secure the money damages you rightfully deserve.
Helping Florida Residents Hurt by Defective Products
If a defective product injured you or a loved one, contact us at Kogan & DiSalvo for sound legal advice. Our firm serves clients in the following areas:
Statute of Limitations for Product Liability Claims
Every state imposes a legal deadline – known as the statute of limitations – for filing a product liability lawsuit. In Florida, plaintiffs harmed by a defective or dangerous product typically have two years to file a claim for compensation. If the injuries prove fatal, and survivors wish to pursue a wrongful death claim, this time frame is also two years. However, certain situations can toll the statute of limitations. If you have questions about a possible lawsuit, our lawyers are ready to help.
Defective Product Lawyer Florida Residents Trust
As a consumer, you have the right to expect the goods and products you purchase to be properly manufactured, thoroughly tested, and safe to use. Our attorneys have been handling cases involving everything from defective vehicle parts to dangerous drugs for more than two decades. Contact Kogan & DiSalvo to explore your legal options today. We understand that an unexpected injury can dramatically impact your life. Reach out to schedule a free, no-obligation consultation with an experienced defective product attorney trusted by Florida residents.