Clearwater Product Liability Lawyer Near Me

What Types of Damages Are Available to Victims of Dangerous or Defective Products?

Compensatory damages are designed to make accident victims whole again. When someone else’s actions cause you to get hurt, you’re entitled to hold them accountable for your economic losses and non-economic losses.

Economic damages represent your out-of-pocket costs, such as:

• Medical bills
• Lost wages
• Future medical bills
• Lost future earning capacity
• Physical therapy
• Property damage

If you’re seriously hurt, your damages don’t stop at financial expenses. You’ll also suffer a great deal of pain. 

Non-economic damages compensate you for losses such as:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Physical disfigurement and scarring
• PTSD, anxiety, and depression
• Loss of consortium

You can still possibly recover compensation even if the manufacturer claims that your own negligent actions contributed to your injuries. Florida’s modified comparative fault rules apportion financial liability between all parties involved. If your lawsuit is based on negligence, it’s entirely possible that the insurance company will try to reduce its own liability by blaming the victim. You’ll only be barred from recovering compensation if the incident was mostly your fault.

Note that these tactics don’t work if your claim is based on strict liability. Once we establish that the product was defective, the manufacturer can be held responsible if the product was used in a reasonably foreseeable way.

We’ll Fight to Recover Compensation for All of Your Injuries

A defective product can cause devastating injuries. Our Board Certified civil trial lawyers in Clearwater are here to help you recover compensation for all of your injuries and suffering.

We often represent clients who have sustained:

• Broken bones
• Soft tissue damage
• Nerve damage
• Burn injuries
• Brain injuries
• Spinal cord injuries
• Eye injuries
• Facial injuries
• Concussions
• Back injuries
• Organ damage
• Amputations 
• Paralysis
• Catastrophic injuries
• Wrongful death of a loved one

We also represent clients who have been diagnosed with cancer because of exposure to dangerous and harmful chemicals and personal care products.

We Represent Clients in All Types of Product Liability Cases

Our Clearwater product liability attorneys handle all types of product liability claims, including those involving dangerous and defective:

• Prescription drugs
• Medical devices
• Children’s toys
• Child safety seats
• Household chemicals, including Roundup weed killer
• Juul vape pens
• Batteries
• Household appliances
• Children’s furniture
• Motor vehicles 
• Airbags
• Seat belts
• Construction equipment
• Power tools
• Talcum powder and other personal care products

If you or a family member were injured by a defective product, our lawyers are standing by to help you fight for justice. Call our law firm today to schedule a free case review to get the legal advice you deserve.

How Do I Establish Liability in a Florida Product Liability Claim? 

Product manufacturers are responsible for creating products that are reasonably safe for consumer use. When these companies sell defective products and people are injured, the victims don’t have to prove negligence. 

Florida product liability laws hold manufacturers strictly liable for product defects, including:

• Design defects
• Manufacturing defects
• Marketing defects

Our experienced lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you establish your right to fair compensation in any type of defective product case.

Design Defects

When a product suffers from a design defect, it’s dangerous because of the way it’s designed. Even when the product is assembled perfectly, it creates an unreasonable risk of injury for users.

Plaintiffs in design defects cases can recover compensation if they can prove the product didn’t perform in accordance with the reasonable expectations of the consumer. 

However, you’ll also have to prove that you:

• Used the product as intended, or
• Misused the product, but in a way that was reasonably foreseeable

Design defect cases can also succeed if there was a reasonable, cost-effective alternative way to design the product to avoid the risk to consumers.

Manufacturing Defects

A manufacturing defect exists if there was a mistake in the way the product was assembled. The product you purchased may have been safe as designed, but the company deviated from the design in some way to make it dangerous.

Manufacturing defects may impact one single product or an entire batch of products.

Marketing Defects

Some products will always create some danger for consumers. For example, prescription drugs can have side effects that seriously risk the lives of patients. However, they also have benefits that can’t be overlooked.

Companies can continue to sell these products, but are also required to disclose any known risks. When the product manufacturer fails to provide adequate warning, injured consumers can sue for damages based on that failure to warn.

How Long Do I Have to File a Product Liability Lawsuit in Florida?

The statute of limitations to file a personal injury lawsuit in Florida is four years. The clock begins to run on the date you knew, or reasonably should have known, about the injury or illness you’ve suffered.

For many victims, that’s the date of a concrete accident. The relevant date can also be the date you were diagnosed with an illness that developed over time.

If the victim’s injuries are fatal, the family has two years from the date of death to sue for damages. 

Contact a Clearwater Product Liability Lawyer for a Free Consultation

Were you injured because of a defective product in Clearwater, St. Petersburg, or Tampa? You may have the right to hold the manufacturer liable for damages. An experienced Clearwater product liability lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you fight to hold all responsible parties accountable. All you have to do is call to schedule a free consultation.