When buying something from a reputable store, we assume it must be safe to use. Sadly, this is not always the case. People may get hurt by defective products more often than one would think. Product liability cases are not uncommon and can affect thousands of people yearly in the US alone. If you have been injured by a defective product, call Elstein Legal as soon as possible to explore your options.
Determining Who Is Responsible
Any company that puts a product on the market is responsible for ensuring that their item is safe for consumers. This is their duty of care to the buyer.
When someone uses their product as directed and is hurt or killed, the company could be held liable. To better your chances of recovering compensation for yourself or a loved one, you may need to prove three things:
- The product had an unreasonably dangerous defect which resulted in injury;
- You used the product as directed, followed the manufacturer’s instructions, and still sustained an injury;
- The product had not been altered significantly from its original condition that it was sold in.
What to Consider in a Florida Product Liability Case
There are several things in Florida’s liability laws that may affect your claim:
Time limits for filing
Florida allows a statute of limitations for filing a product liability claim. Time starts as soon as you make the connection between the defective product and your injury – once you discover the cause of your injury, it is best to file the claim sooner rather than later.
Florida uses a comparative fault approach when it comes to liability. This means that if you share some of the responsibility for your injury, your damages may be reduced by the amount of fault you assume.
Why You Need a Delray Beach Product Liability Lawyer
Besides determining liability and calculating your losses (i.e. medical bills and lost wages), an attorney’s negotiating skills can greatly benefit your claim.
Companies that sell products to the public tend to have expert legal teams to protect their interests. Having an experienced attorney by your side is a way to level the playing field. A lawyer can:
- Thoroughly investigate your case. A lawyer will know what to look for when investigating a product liability case. They have experience in gathering the right evidence that will make the strongest case for your claim.
- Be your best advocate. Companies will likely have their best interests in mind, so having someone experienced providing legal advice and assisting with correspondence would be incredibly beneficial.
- Negotiate your settlement. If a company offers a low settlement, your product liability attorney can use their experience of negotiating to ensure you receive the compensation you potentially deserve.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
Contact Us for a Free Consultation
If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.