Steps to Take if You Want to Sue a Company for Product Liability
Product liability lawsuits allow consumers to hold manufacturers and sellers responsible when a defective product causes injury or damage. With over 900,000 product liability cases filed each year in the U.S., these lawsuits play an important role in consumer protection.
The Soffer Firm has been voted Super Lawyers “Rising Star” and “National Trial Lawyers – Top 40 Under 40” multiple years in a row because of how hard we work for our clients. We don’t get paid unless you get paid, and we have recovered millions for our clients.
Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.
If you’ve been harmed by a faulty product, here are the top 5 steps to take to bring a successful product liability suit against the at-fault company:
1. Document Your Injuries and Gather Evidence
The first step is to fully document your injuries and gather evidence to prove the product’s defect caused them. Take photos of any visible injuries like burns, lacerations, or rashes. Keep records of medical expenses, lost wages from missed work, and other costs stemming from the injury. Save the defective product itself and all packaging and labels. For minor injuries, keep the product until it can be inspected by a product expert. For serious injuries, contact a product liability attorney immediately so they can initiate proper evidence preservation.
2. Identify All Potentially Liable Parties
Often multiple companies are involved in making and selling a product. Identifying which ones to potentially sue requires some investigation. The manufacturer is typically first to consider. Find out if the manufacturer outsourced design or production to other companies that could share liability. The seller or retailer who sold you the product can also be named in a lawsuit. Online marketplaces like Amazon may be liable if they fulfilled or sold a defective product. A product liability attorney can help identify all potentially liable companies.
3. Prove the Product’s Defect
A product liability lawsuit hinges on proving the product had a defect that caused injury. There are three types of defects:
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Manufacturing Defects – Products that were incorrectly assembled or produced. Even just a single flawed product among thousands can qualify as a defect.
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Design Defects – Products designed with inherently dangerous features that could harm users during normal operation.
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Marketing Defects – when inadequate instructions or warnings fail to warn users of potential dangers.
Your product liability attorney will order forensic testing, thoroughly examine the product, and consult product experts to identify any defects.
4. Establish How the Defect Harmed You
Merely identifying a defect is not enough to win a product liability case. You must also prove the defect directly led to your injury or loss. Your Florida product liability attorney will gather evidence showing:
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The product performed differently than a reasonable consumer would expect.
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It failed to perform safely under normal usage conditions.
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No unreasonable misuse or damage contributed to the defect.
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Your specific injuries and damages were directly caused by the defect.
Thorough documentation of your injuries will help satisfy these requirements.
5. Negotiate a Settlement or File a Lawsuit
The final step is leveraging your documentation and evidence of the defect to negotiate a fair product liability settlement. Most product liability claims settle out of court, but your attorney must be ready to file a lawsuit if needed. Factors impacting your potential recovery include:
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Severity of injuries and evidence linking them to the defect.
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Degree of negligence by the manufacturer or seller.
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Warranties and representations made about the product’s safety.
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Net worth of liable companies and insurance coverage.
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Punitive damages based on the liable party’s conduct.
By following these steps, a skilled product liability attorney near me can build a strong legal claim and help recover the maximum compensation you deserve. Don’t hesitate to contact an attorney after being injured by a defective product.
Frequently Asked Questions
1. What should I do if I’m injured by a product?
If you are injured by a defective product, first seek any needed medical treatment. Then document your injuries and preserve the product and all evidence. Promptly consult a product liability attorney to evaluate your legal options.
2. What qualifies as a defective product?
There are three types of recognized product defects under the law: manufacturing defects, design defects that render the product unreasonably dangerous, and marketing defects where inadequate warnings are provided.
3. What damages can I recover in a product liability lawsuit?
You can potentially recover compensatory damages for medical expenses, lost income, rehabilitation costs, pain and suffering, and other losses caused by the defective product. Punitive damages may also be awarded if the company’s conduct was especially negligent or reckless.
4. How much is the average product liability settlement?
The average product liability settlement amount is difficult to estimate and depends on many factors. Recent data indicates the median settlement is around $65,000, but severe injury cases often result in verdicts and settlements in the millions of dollars.
5. How long do I have to file a product liability lawsuit?
Each state has its own statute of limitations for filing product liability claims. In most states this ranges between 1-6 years from the date of injury or when the defect was discovered. A qualified attorney can advise you on the specific time limits that apply to your potential claim.
Choosing a Product Liability Attorney in Florida
Product liability cases can be difficult to navigate. It is important to ensure that you have top legal counsel representing you.
The Soffer Firm has been voted Super Lawyers “Rising Star” and “National Trial Lawyers – Top 40 Under 40” multiple years in a row because of how hard we work for our clients. We don’t get paid unless you get paid, and we have recovered millions for our clients.
Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.