Lakeland 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.

In Florida, manufacturers, retailers, and distributors can be held financially responsible for injuries and damages caused by defective products. But while the law gives victims the right to hold defendants accountable, it doesn’t guarantee they’ll be fairly compensated.

At Burnetti, P.A., we help victims fight for justice. Backed by over 30 years in practice and a team of award-winning trial attorneys, we know how to level the playing field with powerful corporations, how to effectively navigate the product liability lawsuit process, and how to position clients for the maximum compensation possible.

If you have questions about a potential case, our Lakeland product liability attorneys can help. We serve clients across Polk County and beyond and offer FREE consultations. Call (863) 777-4507 or contact us online to request yours.

What is Product Liability?

Product liability is the area of law that holds manufacturers, suppliers, distributors, and retailers accountable for putting defective or dangerous products into the hands of consumers. When a product causes injury, the injured party can file a product liability claim to seek compensation for their losses.

To succeed in a product liability claim, you must demonstrate that the product was defective and that this defect directly caused your injury. Defective products can include anything from household items and vehicle components to pharmaceuticals and medical devices. Proving liability requires a deep understanding of the product, the nature of the defect, and the circumstances under which the injury occurred.

Types of Product Liability Cases We Can Help With

Our Lakeland attorneys have extensive experience handling a wide range of product liability cases, including:

• Defective medical devices
• Dangerous drugs
• Faulty vehicle components
• Unsafe household items
• Defective children's toys
• Hazardous chemicals
• Malfunctioning electronics
• Defective construction equipment

Regardless of the product or defect involved, our team is ready to investigate your case and discuss how we can assist you.

How Can a Product Be Defective?

A product can be defective in several ways, typically classified into three categories:

1. Design Defects: These occur when there is a fundamental flaw in the product's design that makes it inherently unsafe. For instance, an SUV with a high center of gravity that makes it prone to rollovers has a design defect.
2. Manufacturing Defects: These defects arise during the production process, resulting in products that deviate from their intended design and are hazardous. An example would be a car seat with a faulty buckle that was improperly assembled.
3. Marketing Defects: Also known as "failure to warn," these defects occur when a product lacks adequate instructions or warnings about its use or potential risks. For example, a cleaning product that does not include warnings about toxic fumes has a marketing defect.

Elements of a Product Liability Claim

To successfully pursue a product liability claim, you must establish the following elements:

1. The Product Was Defective: Prove that the product had a design, manufacturing, or marketing defect.
2. The Defect Caused Your Injury: Show a direct link between the defect and your injury.
3. You Were Using the Product as Intended: Demonstrate that you were using the product in a reasonably foreseeable way.
4. You Suffered Actual Damages: This includes physical injuries, emotional distress, and financial losses resulting from the defective product.

While these are the general elements of a product case, it’s important to note that what needs to be proven may change depending on the cause of action – the two most common of which are negligence and strict liability. For example:

• Negligence claims require victims to prove that the defendant's lack of reasonable care led to the product defect and subsequent injury.

• Strict liability do not require victims to prove negligence. These claims only require proof that the product was defective and caused harm.

Our attorneys have considerable experience litigating product defect cases and can determine the best course of action and claims for yours.

What Damages Are Recoverable In A Product Liability Claim?

In a product liability claim, you may be able to recover various types of damages, such as:

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

How To Pursue A Product Liability Claim

At Burnetti, P.A., we are committed to helping victims injured by defective products. 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.
• 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.

Products Liability Statute of Limitations in Lakeland, 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 extend the statute of limitations, such as:

• 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. It is crucial to consult a qualified attorney as soon as possible to preserve evidence and begin building your case.

Call For a FREE Consultation: (863) 777-4507

Burnetti, P.A. has been advocating for victims across Florida for over 30 years. We have a proven track record of success in handling complex product liability claims. This includes a case where we secured a $1.25 million settlement for a mechanic injured by a defective product.

If you have questions about a potential case and how our Lakeland product liability lawyers can help, contact us at (863) 777-4507 or complete an online form. Consultations are FREE and confidential, and there is no fee unless we win.