Clearwater Product Liability Lawyer

Fighting for Victims Injured by Defective Products

If you or someone you love suffered a product-related injury, you may have grounds for legal action.

Under Florida’s product liability laws, manufacturers, retailers, and distributors can be held liable for injuries caused by dangerous and defective products. However, victims seeking justice face many challenges, especially when corporations behind unsafe products work aggressively to defend against claims and protect their bottom lines.

At Burnetti, P.A., our trial team is known for helping victims fight back against powerful corporations and insurance companies. We’re backed by 30 years in practice and a team of award-winning lawyers who have recovered millions of dollars in compensation for clients. If you suspect a defective product caused your injury or harmed a loved one, we want to help.

Our Clearwater product liability lawyers serve clients across Pinellas County and beyond. To discuss your claim during a free consultation, call (727) 240-2712 or contact us online.

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries caused by defective products. If a product you used was unsafe and led to an injury, you might have a product liability claim. These claims are designed to protect consumers and hold responsible parties accountable when their products cause harm.

In a product liability case, you must prove that the product was defective and that this defect directly caused your injury. Defective products can range from household appliances and auto parts to pharmaceuticals and medical devices, and proving liability often requires a thorough understanding of the product, the defect, and the circumstances surrounding the injury.

Types of Product Liability Cases

With proven experience litigating defective product lawsuits, our Clearwater attorneys handle a variety of product liability cases, including those involving:

• Defective medical devices
• Dangerous pharmaceuticals
• Faulty automotive parts
• Unsafe household products
• Defective children's toys and products
• Hazardous chemicals and materials
• Malfunctioning electronics and appliances
• Construction equipment failures

No matter the type of product or the nature of the defect, our team is prepared to investigate your potential claim and discuss how we can help.

How Can a Product Be Defective?

A product can be defective in several ways. The law recognizes three primary types of product defects:

1. Design Defects: These occur when there is an inherent flaw in the design of the product itself, making it unsafe for use even when manufactured correctly. For example, a car model with a high center of gravity that makes it prone to rollovers has a design defect.
2. Manufacturing Defects: These defects arise during the manufacturing process, leading to products that deviate from their intended design and are unsafe. An example would be a batch of medication contaminated during production.
3. Marketing Defects: Also known as "failure to warn," these defects occur when a product lacks adequate instructions or warnings about its proper use or potential risks. An example is a prescription drug that does not include warnings about severe side effects.

In addition to these defect theories, product liability cases are commonly based on negligence or strict liability, among other causes of action. Negligence claims require plaintiffs to prove that the defendant's lack of reasonable care led to the defect and subsequent injury. Strict liability, on the other hand, does not require proving negligence. Plaintiffs who bring these claims only need to prove that the product was defective and caused harm.

Elements of a Product Liability Claim

To successfully pursue a product liability claim, several elements must be proven:

1. The Product Was Defective: You must demonstrate that the product had a design, manufacturing, or marketing defect.
2. The Defect Caused Your Injury: There must be a direct link between the defect and the injury you suffered.
3. You Were Using the Product as Intended: You need to show that you were using the product in a manner that was reasonably foreseeable by the manufacturer.
4. You Suffered Actual Damages: This includes physical injuries, emotional distress, and financial losses resulting from the defective product.

How We Can Help

Our firm is committed to helping victims harmed by defective products level the playing field with powerful defendants and fight for the compensation they deserve. Our comprehensive approach includes:

• Initial Consultations: We offer free consultations to evaluate your case and determine the best course of action.
• Thorough Investigations: Our team will conduct an in-depth investigation to gather evidence and establish the defect and its impact. This may include working with industry experts to strengthen your case with technical and professional insights.
• Discovery: We handle all aspects of the discovery process, including obtaining documents, depositions, and interrogatories.
• Negotiations: We strive to negotiate fair settlements with the responsible parties or their insurance companies.
• Litigation: If necessary, we are prepared to take your case to court to ensure you receive the compensation you deserve.

Clearwater Product Liability FAQ

What Damages Are Recoverable in a Product Liability Claim?

In a product liability claim, you can recover various damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of consortium
• Punitive damages (in cases of egregious misconduct)

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

In Florida, the statute of limitations for product liability cases is typically four years from the date of injury. If the defect caused a wrongful death, the time limit is two years from the date of death. However, there are some exceptions that may result in a different statute of limitations, including:

• Discovery Rule: If the injury or defect was not immediately apparent, the statute of limitations might begin from the date you discovered or should have discovered the injury.
• Minors: If the injured party is a minor, the statute of limitations may be extended until the minor reaches the age of 18.
• Fraudulent Concealment: If the manufacturer or seller intentionally concealed the defect, the statute of limitations might be tolled until the defect is discovered.
• Mental Incapacity: If the injured person is mentally incapacitated, the statute of limitations might be extended.

Determining the statute of limitations that applies to your claim can be challenging, which is why it’s important to bring your case to the attention of a qualified attorney as soon as possible. At Burnetti, P.A., we can help you determine the deadline that applies to your case and work immediately to preserve evidence and begin the construction of your claim.

Who Can Be Held Liable in a Product Liability Case?

Liability may extend to any party involved in the product's chain of distribution, including:

• Manufacturers
• Wholesalers
• Distributors
• Retailers
• Component part manufacturers

As part of our initial investigations, we help clients identify potentially liable parties against whom their claims may be filed. Depending on the roles of these parties, the availability and amount of insurance coverage, and other factors, here may be multiple parties named as defendants.

Do I Need a Lawyer for a Product Liability Case?

Yes, product liability cases are complex and require a thorough understanding of both legal and technical aspects. An experienced attorney can help navigate the legal process, gather evidence, and advocate on your behalf.

What Should I Do If I Am Injured by a Defective Product?

If you are injured by a defective product, seek medical attention immediately. Preserve the product and any evidence related to your injury. Document your injuries and consult with a product liability attorney as soon as possible.

Call For a FREE Consultation: (727) 240-2712

Burnetti, P.A. has been fighting for victims across Florida for over 30 years, and has amassed a proven record of success litigating complex and consequential claims. This includes a defective product case in which we secured a $1.25 million settlement for a mechanic shop worker who was injured by a defective radiator.

If you have questions about a potential case and how our Clearwater product liability lawyers can help, give us a call at (727) 240-2712 or contact us online. Consultations are FREE and confidential and there is no fee unless we win.