In recent years, an increasing number of plaintiffs have been filing products liability lawsuits regarding exploding pressure cookers. One such case is Sergui Tchernykh et al v. Bed Bath & Beyond Inc. and Tri-Star Products Inc., Case No. 1:15-cv-22364, in the U.S. District Court, Southern District of Florida, Miami Division. In October of 2014, Lili… Read More
There are millions of different products out on the market. Most of them are safe to use thanks to extensive testing. But sometimes a product sneaks out into the market that hasn’t been tested enough or had defects that the manufacturers chose to hide. When they cause damage to consumers, that opens several parties up to a defective product lawsuit.
In Florida, unlike some other states, you do not have to prove that a manufacturer was negligent in order to receive damages. You just have to prove you were injured and that it was due to the faulty product. This is called strict liability.
Products can also be considered defective if consumers aren’t warned of potential dangers. For instance, if a toy says that it’s suitable for infants and a baby chokes on it then that’s a sign. There are good reasons why product manuals are so stuffed full of warnings!
It’s not just the manufacturer who could be liable though. If negligence was involved and you can prove that a retail store or wholesaler decided to carry an unsafe product then they could also be on the hook for damages.
All this said, you must also prove that you were using the product safely and within normal guidelines. If not, it may have been your behavior that caused the injury and not the product. Even a case that seems open and shut may not be once the opposing lawyers start asking you questions.
On this page, you’ll find recent stories about defective products and ways you can protect yourself. If you’ve been injured by a product, call Chalik Law immediately for a free consultation.
In November 2016, attorneys filed three lawsuits against e-cigarette manufacturers and retailers regarding e-cigarette explosions and the injuries suffered by three people in three distinct incidents. According to www.prweb.com, the case of James Lauria, was filed in the First Judicial Circuit Court of Okaloosa County, Fla., on November 4, 2016. The case of William Picket… Read More
If you suffered injuries or lost a loved one as a result of a defective product, you can file a product liability claim against a manufacturer and in some cases other parties as well. Here are some facts about product liability claims. 1. Florida is a Strict Product Liability State Florida’s product liability laws are based… Read More
Under the strict liability doctrine, a person who suffered injuries as a result of the use of defective product can hold the manufacturer responsible for the injuries without the need to prove negligence. In other words, the person can hold the manufacturer liable even if the manufacturer did everything possible to prevent the defect. The… Read More
There were 13 deaths in 31 accidents that experts believe are linked to a defective ignition switch since 2004, according to media reports. This sad fact comes from the ongoing investigation of several GM models that may contain a faulty ignition component. If a vehicle defect – whether related to a faulty ignition switch or… Read More
Our firm handles product liability cases in which clients have suffered injuries due to some sort of defective product. When this occurs, Florida state law affords victims the opportunity to take legal action against the manufacturer, distributor or retailer and pursue restitution for their damages. If you were injured directly by a malfunctioning or flawed product… Read More
There are many dangers facing children each day. Not only do they have to learn how the whole world operates, but also continually fend off life-threatening illness and traumatic experiences. One of the greatest risks facing your child is dangerous toys. More than 200,000 children are hurt each year in the U.S. while playing with… Read More
There is a lot that parents in Florida need to be aware of in order to provide a safe environment for their children. One of these elements, protecting against lead poisoning, should be at the top of the list. Lead Poisoning Lead poisoning is the single greatest environmental risk for children under the age of… Read More