North Miami Beach Product Liability Lawyer

Whenever a person uses any consumer product, there is an expectation that the user as well as those around them will be kept safe from injury. Unfortunately, this is not always the case; consumers are injured by defective products all the time. The Consumer Product Safety Commission reports that 22,000 fatalities each year occur as a result of defective products. If you or a loved one has been injured by a defective product, you should seek out a North Miami Beach product liability lawyer for help.

If you or a loved one has been harmed by the use of a dangerous or defective product, you should remember that you have a right to receive compensation for these injuries as well as any other associated losses. At Gerson & Schwartz, PA, our law firm is dedicated to doing everything possible to make sure that people harmed by these products obtain the compensation they deserve. Contact our law office today by emailing info@gslawusa.com to schedule a free case evaluation.

Common Examples of Product Liability Cases

Some of the most common defective products that injure people in Florida include the following:

• Motor vehicles that contain defective products like faulty airbags, brake pads, or seat belts.
• Defective tires and air bag defects
• Dangerous and defective medical equipment, such as faulty mesh, hip implants, and pacemakers.
• Defective electronic cigarettes that explode and cause substantial burns.
• Defective pipes in fire and sprinkler systems, which can explode over time and cause damages like mold growth, severe burns, and internal organ damage caused by smoke inhalation.
• Furniture and other products that are created for small children containing small parts that lead to choking accidents. These products include toys, play gates, and highchairs.
• Motor vehicles that contain defective products like faulty airbags, brake pads, or seat belts.
• Personal hygiene products containing talcum powder, which can cause diseases like mesothelioma and ovarian cancer.

Types of Product Liability Lawsuits

Gerson & Schwartz North Miami Beach product liability lawyers have the skills knowledge skills and expertise to pursue claims for defective products. For example, there are three types of product liability lawsuits that can be initiated when people are harmed by defective products, which include:

• Manufacturing Defect and Defective Product Design – These are some of most common type of product defect cases that are filed. injuries can range from serious to catastrophic and can also be fatal. examples can include tobacco prescription medication and other widely available products consumers use on a daily basis.
• Breach of warranty. When products are sold, two warranties are made to the buyer. This includes an express warranty and an implied warranty. An express warranty is any representation of a product and its safety made by a manufacturer or retailer. An implied warranty is a promise made by a manufacturer that if a product is used as intended, it will not result in any harm. A breach of warranty covers any individual who could reasonably be expected to use a product.
• In these lawsuits, the injured party establishes that the design or manufacture of a product resulted in injuries. First, the injured party must demonstrate that the responsible party had a duty to provide the consumer with a safe product. The consumer must then show that the responsible party knew or should have known about the product’s defect. The accident victim must also establish that the defective product directly caused their injuries.
• Strict liability. In these cases, North Miami Beach product liability lawyers must only establish that a defect exists in a product and that an injury was incurred as a result. If a product has a defect, the manufacturer may be strictly liable for any resulting damages, despite whether a person exercised caution when using the product. To pursue a strict liability lawsuit, a product must have been purchased in the chain of distribution. This means that defective products purchased second-hand generally cannot result in strict liability lawsuits.

Remember, Florida’s statute of limitations for defective products is four years from the date that a person is injured. If a person attempts to initiate a lawsuit after this period, the individual will likely be barred from pursuing compensation for injuries or damages caused by the product in court. For this reason, if you have been injured by a defective product, it is best to contact one of our North Miami Beach product liability lawyers right away.

It is also important to understand that victims of defective product injuries can pursue compensation from multiple parties. This might include retailers from which a person purchased an item or manufacturers who were involved in the marketing or design of a product. While plaintiffs often pursue these lawsuits against large corporations, they can also be brought against small businesses or even single individuals.

Speak With Our North Miami Beach Product Liability Law Firm

Following a defective product accident, you might be uncertain about the strength of your claim against the party responsible for your injuries and resulting damages. Fortunately, one of our experienced lawyers can help address these questions.

After a lawyer at Gerson & Schwartz, PA reviews your situation, we will inform you about the best legal strategy to utilize. While you focus on recovering from your injuries, we will get started with your defective product claim. Contact us today to schedule a free case evaluation.

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