Fort Lauderdale Product Liability Lawyer
Consumerism is a major part of the American economy. Any given citizen uses and interacts with hundreds of products in day-to-day life. There are strict federal and state safety standards when it comes to creating and distributing consumer products. Still, manufacturers can make mistakes, resulting in a dangerous or defective product. When these products cause consumer injuries or deaths, victims may pursue product liability claims in Fort Lauderdale.
Ft. Lauderdale Product Liability Laws
In Fort Lauderdale, injured parties must obey certain rules and restrictions while filing a product liability claim. There are deadlines for filling, as well as elements necessary to prove manufacturer/distributor liability. When handling a defective product case, seek professional assistance from a local Fort Lauderdale personal injury attorney. An attorney can make the complex legal processes much simpler for you and your family. With a lawyer, you don’t have to worry about obeying product liability laws such as:
- Statutes of limitations. Fort Lauderdale citizens have four years from the date of the injury to file a product liability claim. The discovery rule applies – the countdown toward the deadline does not begin until the date the plaintiff discovers or reasonably should have discovered the injury. There is a statute of repose that also comes into effect – you cannot file a suit if the injury occurred more than 12 years after the delivery of the first product to the purchaser.
- Damage limits. The state of Florida abides by the pure comparative fault doctrine. This means that the consumer may still recover even if he/she was partially responsible for the injury. For example, if a manufacturer failed to warn of known risks but the consumer used the product in a way that differed from the manufacturer’s intent. There is an economic loss rule in Florida that bars plaintiffs from product liability lawsuits for economic losses only. These cases should instead be contract suits.
- Bases for filing. An injured party may not have a claim unless he/she can prove the product in question has a defect and that this defect caused the injury. There is no need to prove negligence in product liability claims to recover for injuries. There are three main types of defects: errors during manufacture, defects in design, and marketing mistakes. An item must have one or more of these defects to qualify as the basis for a product liability lawsuit.
Product liability lawsuits follow specific rules compared to other personal injury claims. There are different burdens of proof and elements the law requires to bring a claim against a manufacturer or distributor for a dangerous item. The best way to protect your rights is with help from a local Fort Lauderdale product liability attorney.
At the Law Offices of Chalik & Chalik, we can determine the defendant(s), file the correct paperwork, and get the ball rolling on a lawsuit on your behalf. Don’t wait to bring a negligent product manufacturer to justice. The sooner you speak with us about your situation, the sooner you can get the financial help you need to recover from these injuries and damages. Call today for a free, no obligation consultation.