Personal injury or wrongful death can result from the use of dangerous or defective products. “Products Liability” refers to the rules governing a manufacturer or other provider liabilities for products that harm consumers orworkers. The laws in this area are based on the idea that manufacturers, dealers, and other commercial interests are best placed to prevent harm from defective or dangerous products.
Companies that allow dangerous items into the marketplace can be held accountable for resulting injuries. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.
The Victim’s Burden
Historically consumers dealt with bad products on their own with no recourse to the maker or seller. Although “caveat emptor” (let the buyer beware) is no longer the standard, victims of bad products still need to protect their rights. In products liability lawsuits, the victim has to show that there was a product defect or that product labeling or warnings were inadequate. The victim must also prove that the product caused harm while being used as intended; alternatively, the victim must show that the manufacturer should have anticipated the way the product actually was used (for example, a manufacturer should anticipate that a steak knife will be used not only to cut steak, but also to cut open packages).
Manufacturing defects are a common basis for products liability cases. If one consumer’s propane barbeque blows up when first lit, it’s pretty clear that there is a manufacturing defect in the product. A design-based case could arise if an entire run of barbeques had the same problem because of a flaw in the design of the item. In either case, the victim needs to show that the defect existed when it came into his or her hands and that the defect caused the injuries in question.
Almost every product might be the subject of a products liability case, but some particular items seem to come up over and over again. Chemicals and other materials, including asbestos, are commonly blamed for worker injuries. Firearm manufacturers have faced lawsuits by victims of faulty weapons and of shootings. Machinery and tools are frequent subjects (for example when a homeowner is injured by an automatic garage door opener or a snow blower). Medical products and devices may cause problems, and “lemon” cars have been the subject of products liability suits. One of the most common targets is tobacco, under a variety of legal theories; more recently, fast food has come under scrutiny.
As in other personal injury cases, if a products liability victim proves his or her case, the manufacturer or other responsible party will be ordered to pay damages, which may include:
- Compensation for injuries or death
- Medical expenses (past and future)
- Property damage
- Lost wages
- Pain and suffering
- Other financial awards, including compensation to family members.
If you have been injured by a product, you need a skilled personal injury and products liability law attorney to advise you toward the most favorable outcome. If you or someone you know has suffered personal injuries as a result of using a dangerous or defective product, an experienced and knowledgeable personal injury lawyer can advise you on on whether you have a claim against the product manufacturer or seller and can help you receive the maximum damages recoverable under the applicable law.
The Law Offices of David P. Ginzberg specialize in product liability law. If you or a loved one have been severely injured by someone’s recklessness or negligence, it is imperative to retain an attorney that will fight for your right to receive financial compensation for you injuries, lost wages, medical expenses and other hardships. The Law Offices of David P. Ginzberg aggressively fight to protect their client’s rights and try to maximize the the value of their clients’ claims. You will receive personal injury legal representation that you can count on.
Hire an experienced law firm. The Law Offices of David P. Ginzberg have litigated numerous accident, medical malpractice, product liability and hazardous conditions cases that caused personal injury or wrongful death.
When the worst has happened, you are the one who has to live with the consequences of a crippling injury or illness – not the person or company that caused it, and certainly not their insurance company. They’re only looking out for their own interests, not yours.
When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that you are adequately compensated for all of your injuries and the affect they have on your life.
We have been successfully helping Floridians with legal services since 1984. We are fully experienced with all facets of the legal procedures required to ensure that your case is conducted professionally and thoroughly. Our attorneys are top-notch trial lawyers capable of the meticulous effort necessary to guide your case from inception to completion. You can be certain that every member of our staff knows their job inside and out and will do their very best to meet your expectations.
Upon your first visit, we provide you with a comprehensive consultation with one of our attorneys ABSOLUTELY FREE, or if you prefer, you can get answers fast over the phone.
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We know how important it is for you to know that your worries are well taken care of.
You always have someone to turn to. We put our clients concerns first and do our utmost to treat you with compassion and understanding.
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With locations throughout Florida, we’re available to help you when and where you need it most. If you’re suffering with an illness or injury that prevents you from getting around, we’ll come to you.
We are always there to fight for your rights, whatever it takes!
Get the help you deserve now. Call us today, 24/7 Toll-Free: 1-800-611-0142 or send an e-mail now.