Clearwater Defective Products Lawyer
Dramatization, not an actual client
Board Certified Defective Products Lawyer Jim Magazine Has Recovered Millions for His Clients
Were you injured by a dangerous product in Florida? You may be able to file a product liability lawsuit against the negligent manufacturer and others to recover compensation. Defective products lawyer Jim Magazine can help you get money to pay for your medical bills, lost wages, and pain and suffering. With more than 30 years of experience helping Florida victims like you hold negligent manufacturers accountable for putting profits before people, Jim has earned a stellar reputation as a trial attorney for victims in Clearwater and the surrounding communities, and he has recovered millions of dollars on behalf of his clients. Jim is committed to making sure you obtain full financial recovery.
Negligent manufacturers retain teams of attorneys to defend claims like yours. Let defective products lawyer Jim Magazine level the playing field. Call us today for a free consultation.
Table of Contents
What Is Product Liability In Florida?
Designers, manufacturers, distributors, and others owe a duty to consumers like you to ensure their products meet safety standards and that they are reasonably safe when used as intended. Unfortunately, the drive to increase their own bottom line has caused many manufacturers to bypass safety inspections, use low-quality materials and workmanship, and cover up known hazards to get their products in the hands of buyers. Unfortunately, this negligent behavior can result in catastrophic, and even fatal injuries for innocent people.
Design defects occur prior to manufacturing or production. They are caused when inadequate or dangerous materials are specified, or when there is a foreseeable risk that is posed by the product if it is constructed as directed. Defective designs usually affect an entire product line. If the original blueprint of a product causes it to be hazardous to consumers, the party who designed the product can be held liable for injuries and deaths.
Manufacturing defects occur during production, and they cause the finished product to be more dangerous than the intended design. These defects happen when manufacturers substitute materials, deviate from the original blueprint, employ poor workmanship, or allow contamination to occur. For the manufacturer to be liable for injuries, we must prove that the dangerous defect was present when the product that hurt you departed from the factory.
Failure to Warn:
Manufacturers are required to warn you about hazards they know, or should know, exist. According to the American National Standards Institute (ANSI), warning labels should inform you of existing hazards, notify you of the severity of the risk involved, explain the effects of the hazard, and tell you how to avoid possible injury. If warnings were missing or inadequate, or if instructions, when followed properly, caused your injuries, any party in the distribution chain can be held liable for your losses.
Elements of a Product Liability Lawsuit in Florida
During your personalized case evaluation, defective products lawyer Jim Magazine will sit down with you and listen to your story to determine whether you have grounds to hold someone liable for your dangerous product injuries. Product liability suits are often based on the theory of strict liability. In a strict liability claim, you may be able to recover compensation without needing to prove that the defendant was actually negligent. If your lawsuit is based on negligence, however, we will need to show that the defendant acted with carelessness, recklessness, or malice. To prevail in Florida courts, we will be required to prove that the following elements exist.
You were injured or suffered losses:
For you to be able to collect money in a product liability lawsuit, we must be able to show that you suffered a monetary loss or personal injury because you used the defective product. Without some type of damage, there is no basis for a claim.
The product was defective:
We will need to demonstrate that the product in question had some type of defect. We can show that the product was defectively designed or manufactured, or that the defendant knew or should have known that the product posed risks, and they failed to warn you that the dangers existed.
The product was the actual and proximate cause of your injury:
To win your lawsuit, we will need to prove that the product defect caused your injury, and that it was the proximate cause of your injury. If an intervening act superseded the dangerous product in causing your injury, the defendant will not be liable.
You used the product as intended:
We also must prove that you were using the product as the manufacturer intended, or in a way that the manufacturer could have expected a reasonable person to use it, when your accident happened. The defendant will probably not be held liable if you used the product in an unexpected manner when the accident occurred.
What Damages Can Defective Products Lawyer Jim Magazine Help You Recover?
The value of your case is an important factor when deciding whether you should file a product liability lawsuit. While our law firm can’t guarantee how much money you will receive if your case is successful, we can provide you with a fairly accurate estimate of what to expect if your case is resolved successfully. To ensure you recover the maximum amount you are entitled to receive, defective products lawyer Jim Magazine will review:
Your Special Damages
Special damages, also referred to as economic losses, refer to your out-of-pocket expenses or financial losses. To calculate your special damages, we will look at your hospital bills, ambulance and emergency room costs, and charges for specialist treatment, surgeries, and rehabilitation. We will also consider your lost wages, the cost of any medical equipment, and expenses to modify your home or vehicle.
Your General Damages
General damages are designed to reimburse you for losses that cannot be easily valued. Also known as non-economic losses, these damages typically include pain and suffering, loss of consortium, loss of enjoyment of life, and mental anguish or emotional trauma. To calculate your general damages, the jury will typically consider the severity of your injuries, how they impact your daily life, how they are expected to affect your life in the future, and your age.
Florida courts rarely award punitive damages in product liability lawsuits. However, if the defendant’s actions were especially egregious or intentional, the court may award punitive damages as a way to punish the manufacturer and to help deter the defendant and others from committing the same or similar acts in the future.
FAQs About Florida Defective Products Cases
Online marketplaces like Amazon may be held liable for injuries and wrongful deaths caused by dangerous products that are sold on their websites. In recent years, various court decisions have found these types of marketplaces “strictly liable” and liable under the “stream of commerce” theory.
If the product that caused your injuries also injured a large number of people in the same manner, you may be tempted to join a class action lawsuit. If your injuries are severe or unique, however, joining a class action lawsuit is not usually appropriate.
Most defective products lawyers in Florida won’t charge you any up-front fees to pursue damages on your behalf. Since they usually work on a contingency fee basis, your attorney will shoulder the financial burden of resolving your case. Your attorney’s fees and other costs will be deducted from your injury award if your case is successful. If you don’t recover compensation for your losses, you don’t pay.