OVERVIEW
Defective products claims typically occur when consumers are harmed by products that are defective because of acts of negligence.
The types of product defects that can result in liability include design defects that exist before the product is manufactured,
manufacturing defects caused during construction/production and marketing defects that occur when improper details are given to
warn consumers of a product's dangers.
CASE SUMMARIES
- This DWKM&R client worked for a Central Florida company that built and installed fencing using heavy equipment machinery.
The company dangerously bypassed the safety apparatus on a skid steer loader that was designed to prevent ignition of the machine
as well as functioning of the hydraulic equipment. While our client was working on the skid loader at the company's request,
the bucket on the machine pivoted backwards, severely crushing and degloving his right foot. Sam King negotiated a $250,000
settlement for this client as compensation for the extensive care, treatment and complex surgeries this injury required.
This case was unique because it was brought against the individual owner of the product, not the manufacturer.
- DWKM&R negotiated a confidential settlement for a client who suffered severe injury when the safety device on a piece of
road construction equipment failed to operate. Unfortunately, under Florida's new tort reform laws, the manufacturer of this
defective product likely would have escaped liability for the harm it caused, leaving taxpayers to bear the cost of her future
medical care.
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