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Defective Products
If you win your case, at the end of the case, the jury will make an award for your past medical bills, your future medical bills, and your lost earnings. But until that time, until you win your case, it’s not like an auto accident where you have PIP insurance that pays those things. The...
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No, it will not and this is a misconception that a lot of people have. Remember, when we file a lawsuit, it’s simply a civil action between the injured party and whoever we’re suing. Now, there are governmental agencies such as the Consumer Product Safety Commission that if something like serious product defect is reported...
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Generally, you will. At the end of the case, whether it’s by verdict or whether it’s by settlement, your insurer who pays your health insurance bills for your medical care that’s related to your injury is going to be entitled to get paid back a portion of their money. Usually, it’s negotiated. Usually, they will...
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In a defective product case, as in most tort cases, the damages would include both economic and non-economic damages. Economic damages are things like your medical bills and your lost earnings. Non-economic damages are pain and suffering, lost of enjoyment of life. If it’s a wrongful death case then the measure of damages changes and...
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There are two different issues when you talk about time limits for product liability. One is the statute of limitations, and the statute of limitations in Florida for product liability is four years. You have four years from the date of your injury, when you knew or should have known of your injury. However, there’s...
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There are different features of the product liability law. A design defect is when there is an error in the basic design of a product such that all copies of that product, each unit of the product, are going to have the same defect. A manufacturing defect is different. That means that that one particular...
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Under strict liability law, not only is a manufacturer responsible for defective product but also component manufacturer’s who sell components to the ultimate manufacturer. Then other’s who were in the stream of commerce for that product which includes wholesalers and retailers.
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It shouldn’t cost you anything to meet with a lawyer, to investigate the case or to file the lawsuit. Attorney’s in Florida are normally paid on what’s called a contingent fee basis in product-liability, defective product cases. That means our fee is a percentage of what we recover for you. If we don’t recover anything...
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The most important thing in hiring a lawyer for a complex case like a product liability case is getting a lawyer who has experience in this field. You want someone who’s done it before and is not inventing the wheel for the first time. You want someone who understands the law, who understands the science,...
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That’s a good question. The courts have come up with a definition of a defect and what constitutes a defective product, and they’ve come up with what’s called the “consumer expectation test.” What that means is you ask whether the product is so unsafe that an ordinary consumer using the product for its intended use...
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