Product Liability Lawyer
Dangerous and defective products can cause unexpected accidents and serious traumatic injuries. Our product liability attorneys have years of combined experience holding manufacturers and retailers accountable.
5 Types of Product Liability Claims
Our attorneys represent clients who have been injured and lost loved ones in accidents involving all types of product defects. From accidents at home, at work, on the water, and vehicle collisions – we handle cases involving all types of dangerous and defective products.
Children’s toys and clothing
Vehicles and vehicle components
And many more
Regardless of the type of product involved in your case, you could potentially have several different types of legal claims available. In product liability cases, the most common claims are (i) design defects, (ii) manufacturing defects, (iii) marketing defects, (iv) manufacturer negligence, and (v) unjust enrichment.
If a product has a design defect, this means that it is inherently unsafe for its intended use. Even if manufactured according to specifications, the product will still present an injury risk to its user, and potentially to others in the vicinity as well.
When a product has a manufacturing defect, this means that its design was safe, but there was an issue during the manufacturing process. Missing pieces or connectors, stress fractures, improper assembly, wiring errors, and the use of toxic chemicals are all common examples of manufacturing defects.
Marketing Defects (Failures to Warn)
Even if a product has been designed and manufactured appropriately, it can still be considered defective if it lacks an adequate warning or instructions. If the risks associated with a product are not readily apparent, its manufacturer or seller must provide adequate notice to warn potential users.
Defect claims are based on the law of “strict liability.” In a strict liability case, proof of negligence is not required. If you can prove that you were injured by a product that was defective, you do not also need to prove that the manufacturer was negligent in putting a defective product on the market.
But, sometimes manufacturers are negligent. In fact, this is frequently the case. In addition to seeking compensation for a product defect, if you or your loved one’s injury was the result of manufacturer negligence, we can seek financial compensation on this basis as well.
Product designers, manufacturers, and retailers do not deserve to make profits off of defective products. Under the law of “unjust enrichment,” individuals and families suffering due to injuries from harmful products can seek damages for the costs they have incurred.
Understanding Florida’s “No-Fault” Insurance Law
Florida’s insurance law is unique when it comes to auto accidents. Unless you have been diagnosed with a severe and permanent injury, in most cases you will be limited to seeking compensation under your own personal injury protection (PIP) policy. PIP coverage is mandatory under Florida law. But the minimum coverage limit is only $10,000 – which often falls far short of covering accident victims’ financial losses and does not provide any coverage for pain, suffering, emotional distress, or other forms of non-financial harm.
We are intimately familiar with Florida’s no-fault insurance law. We know when it applies when it doesn’t, and what it takes to prove that our client has suffered a severe and permanent injury. While you may be limited to PIP coverage under the circumstances of your case, you should not make any assumptions until you speak with an attorney, and you should not settle for anything less than full compensation.
Representing Product Liability Victims for Over 40 Years
Each year manufacturers recall millions of products. From airbags to children’s toys, all products have the potential to be dangerous and defective. And when a manufacturer issues a recall too late (or doesn’t issue a recall at all), the consequences can be devastating.
At Rue & Ziffra Law Offices, we have been representing individuals and families in product liability cases since 1976. Our attorneys have extensive experience in these types of cases, and we have won numerous settlements and verdicts on behalf of our clients. From proving that a product is defective to taking on major manufacturers’ big firm defense lawyers, product liability cases present many unique challenges. Our firm is firmly rooted in the local community and we have the team and resources needed to win the compensation you deserve.
Your Local Product Liability Lawyers in Volusia and Flagler Counties
As consumers, we expect the products we buy to be safe for our families. We expect our vehicles to operate safely. We expect our tools and appliances to perform as intended. We expect our children’s toys not to put our children in harm’s way. Unfortunately, this is not always the case. Injuries from dangerous and defective products are common; and tragically, many people lose their lives in fatal product-related accidents every year.
If you believe that you, your child, or another family member may have been injured by a defective product, it is important that you speak with an attorney. The financial costs of traumatic injuries can be substantial, and many people experience a lifetime of chronic pain, physical limitations, and other consequences. These are all losses for which financial compensation is available, and the first step toward recovering just compensation is to discuss your case with a local product liability attorney.
Frequently Asked Questions
After a serious injury or accident, victims and their families have many questions in mind. We encourage you to contact us today for a free consultation, so we can personally address all your questions and concerns.
Meanwhile, these are a few of the most common questions we hear from our clients.
What should I do after an accident involving a defective product?
If you have been injured by a dangerous or defective product, your first priority should be to seek medical attention. When you see your doctor, be sure to let him or her know that you were injured in a product-related accident.
You should also be sure to keep the product that injured you (and the packaging, if you still have it). Even if it is damaged or appears to be destroyed, do not throw it out. The product will be key evidence in your claim for financial compensation.
Other steps you should try to take include:
- Take photos of your injuries and the location where the accident occurred.
- Collect names and contact information from any witnesses.
- Write down everything you remember. How were you using the product? Did something seem to trigger the defect?
Can I still File a claim if the product was destroyed?
If the product that injured you was completely destroyed in the accident, the manufacturer may try to use this against you. It may argue that, since the product cannot be tested, there is no way to prove that it was defective.
In this type of situation, our attorneys may be able to use the “malfunction doctrine” to prove your case. Under the malfunction doctrine, if all other potential causes of the accident can be eliminated, then the only conclusion remaining is that the product caused your injury.
Can I File a wrongful death claim for a product defect?
Yes. If you have suffered the tragedy of losing a spouse, parent, child, or another close family member in a fatal product-related accident, our attorneys can fight to hold accountable the party (or parties) responsible for your loved one’s death. In Florida, eligible family members can seek financial compensation for:
- Medical expenses prior to death
- Funeral and burial expenses
- Pain and suffering
- Loss of income
- Loss of parental guidance or consortium
Learn more about wrongful death claims for fatal product defects.
Can I file a product liability claim if the product has not been recalled?
Yes. Despite the enormous number of products recalled every year, many more defective products are never recalled. In addition, many recalls are triggered by defective product claims.
Can I hire a local attorney if I have a claim against a national (or global) product manufacturer?
Yes. In fact, there are a number of reasons why you should choose a local attorney and not a law firm that merely advertises or has a satellite office in your area. Most importantly, while your case may involve a claim against a national or multinational corporation, it is still personal to you. As a result, you need an attorney who understands your unique circumstances, and who can meet with you personally to discuss your legal rights.
If you hire an out-of-town law firm or join a class action, you may recover some compensation. But, there is simply no substitute for working with a team of lawyers who are committed to protecting the members of their local community.
Rue & Ziffra Law Offices | In Your Community. On Your Side.
At Rue & Ziffra Law Offices, we are “in your community and on your side.” We are available to help you, and we will fight vigorously to make sure you win just compensation. Why do individuals and families in Volusia and Flagler Counties trust our attorneys?
- We are Local. Regardless of where you live, we have an office nearby. From Palm Coast to Edgewater, and from Port Orange to Orange City, we have 3 offices throughout Volusia and Flagler Counties.
- We are a Team. Unlike other firms, we will not assign your case to a single attorney. We take a team approach to every case so that each client has the full weight of our 180+ years of experience in their corner.
- We are Committed to Justice. Whether there is a fair settlement offer on the table or we need to take your case to trial, we will do what it takes to win the justice you and your family deserve.