St Augustine, FL Product Liability Lawyer

St Augustine Product Liability Attorney

While it is common for products to be defective, it is fortunately quite rare that anyone is harmed by their malfunction. There are, however, certain circumstances in which a product’s failure can cause harm, injury, or even death to the user. In these instances, it is worth consulting with a St. Augustine, FL, product liability lawyer to determine the potential for damages to cover costs associated with the product’s failure.

Filing a product liability claim can help you cover things like medical expenses, pain and suffering, and more. A product liability attorney can help you fight against reluctant insurance companies and manufacturers to receive the compensation you deserve.

Spohrer Dodd Trial Attorneys: Product Liability Lawyers You Can Trust

The professionals at Spohrer Dodd Trial Attorneys have decades of experience working trial cases in a wide variety of practice areas, including product liability, product recalls, and defective medical devices. We have successfully delivered over $1 billion in total damages to our clients and are prepared to deliver the same results in your case.

Spohrer Dodd Trial Attorneys successfully won Lohr v. Medtronic in 1996, a landmark Supreme Court case regarding the failure of a pacemaker. More recently, in 2018, Robert Spohrer and Matthew Spohrer won $13.5 million from Crawford v. ITW Food Equipment Group, LLC, when their client was injured in a meat saw accident. Contact the skilled defective product lawyers at Spohrer Dodd Trial Attorneys to find out how our attorneys can help you with your case.

What Is Product Liability?

Products stop working all the time, but a product liability case has specific requirements. In order for a case to be legally viable in St. Augustine, there must be:

• Injuries and/or Loss: Damages are only awarded in product malfunction cases that resulted in some kind of negative effects for the user. These effects can be a variety of things, from physical injuries to lost wages to property damage.
• Faulty Product: The product must be verifiably faulty. The product can either be inherently flawed, created incorrectly by the manufacturer, or improperly advertised by the company.
• Direct Cause: In a North Florida court, it must also be proven that the faulty product directly caused the losses the victim experienced. There also cannot be any additional warnings that the company issued about this faulty product before the accident occurred.
• Correct Usage: Using any product incorrectly can be extremely dangerous. In order for a product liability claim to hold up in a court of law, the user must have been properly following the instructions and using the product the way it’s meant to be used.

Proving all of these things simultaneously can be challenging. Working with a successful legal team can help you prove your case to the manufacturer and insurance companies who are reluctant to provide you with adequate compensation.

Why Do I Need a Lawyer?

A victim of a faulty product only has four years after the accident occurred to file a claim. If the victim died, then the time limit is reduced to two years. This means that time is of the essence for product liability claims. Working with a product liability attorney can help you argue the true cause of the accident in court.

Many times, insurance companies and manufacturers try to blame the user for improperly using their product to avoid paying damages. It is difficult to fight these large companies on your own, but working with a legal team can provide more support to your claim.

What Is Comparative Negligence?

In Florida, product liability cases use the comparative negligence model when calculating damages. This means that the victim is entitled to damages depending on their liability. The court usually assigns a percentage to the plaintiff for how much they were to blame for the accident. For example, if a plaintiff is found to be 10% liable but is awarded damages of $100,000, then they would only be eligible to receive 90% of those damages, or $90,000.

What Is the Economic Loss Doctrine?

Florida also has an Economic Loss Doctrine that only affects product liability cases. This doctrine states that in a product liability case, you can only receive damages if you experienced losses that are non-economic in nature. This means that you must have experienced some form of physical damage from a defective product, including personal and/or property damage. Economic damages can still be won, but they must be accompanied by non-economic damages.

Which Product Liability Claim Is Right for Me?

There are different types of product liability claims depending on the unique circumstances of your case, including:

• Design Defects: Sometimes, the way a product is created can impact user safety. If a product is designed in a way that causes someone injury, even when used correctly, then an injured person can file a product liability claim. This often happens with products that are not tested thoroughly before being released to the public.
• Marketing Defects: If a product is faulty, then it is the responsibility of the manufacturer to let the public know about it. This includes stating proper warnings in the instructions and packaging of the product as well as distributing advertisements that properly convey the risks associated with using the product.
• Manufacturing Defects: Even if a product is safe when constructed correctly, if an error is made during the construction process, it can make the product unsafe to use. If a product does not perform as expected and the consumer is injured by correctly using the product, then they can file a product liability claim.

Who Do I File My Claim Against?

Manufacturers are common defendants, but they are not the only possible defendants in a product liability case. Here are some exceptions to this pattern:

• Multiple Manufacturers: Some products, especially more complicated items with lots of different parts, are made by many different manufacturers. Depending on the context of your situation, your claim may be filed against more than one manufacturer.
• Retail Stores: A retailer is responsible for making sure that the products they carry are safe to use. If this is neglected and someone is hurt by properly using a product the retailer carries, then they may be included as a defendant in a product liability case.
• Wholesale Stores: Just because a company does not directly make or sell the product does not mean that it could not be implicated in a product liability claim. Distributors of products have similar responsibilities as other stores to carry safe products.
• Rental Companies: If you didn’t directly buy the product, you might still be able to receive compensation for product liability. Rental companies are still liable for customers harmed during a product malfunction.

It is also possible that you did not directly purchase a product but were still harmed by it. If you were injured by a product you were only using, you may still have a case. Contact a product liability attorney to explain your unique situation and review your options.

FAQs

Q: How Much Is a Litigation Lawyer in Florida?

A: In Northeast Florida, each lawyer charges a different fee depending on the services they offer, their level of experience in the field, and your unique situation. Some attorneys charge an hourly rate, while others charge a contingency fee, which is a percentage of your winnings. Florida attorneys typically charge either a 33% – 40% contingency fee or around $300 per hour, with higher rates depending on experience. It’s important to discuss costs with your attorney early in the process.

Q: What Is the Statute of Limitations for Product Liability in Florida?

A: In order to file a product liability claim in North Florida, it must be started within four years after the date the injury occurred. If the victim died from the event, it must be started within two years after their death. Additionally, if the product was past its expiration date when the victim was injured by the product, then you cannot file a product liability claim.

Q: What Are the Rules for Product Liability?

A: In order for a claimant and their legal team to have a valid product liability case, they must prove that the product in question is defective and caused injury to the victim. They need to prove that a manufacturer was responsible for the product being defective, either by design, error, or improper marketing.

Q: What Are the Three Major Types of Product Liability?

A: There are three types of product liability. A design defect means that the way a product is designed can directly harm an individual. A marketing defect means that an effect was discovered, but the company did not warn the public about it. A manufacturing defect occurs when an item is made incorrectly in a way that can harm an individual.

Protect Your Interests by Contacting a St. Augustine Product Liability Lawyer

Don’t let another party’s mistakes impact your life. Start the recovery process by determining how much you could receive for medical costs and lost wages. We work with a wide variety of product liability cases, from the initial free consultation to trial and beyond. Reach out to Spohrer Dodd Trial Attorneys today to see how our team can help with your product liability claim.