Orlando Product Liability Attorney

At DWK Law, we represent product liability victims on a contingency fee basis, ensuring you only pay if we win your case. Our free consultations offer risk-free and transparent representation.

Designers and manufacturers of products are held to strict liability standards.  Even if a company took great care in designing and testing its product, if that product causes harm, then the company is legally responsible for that harm. Since there is no uniform federal product liability law, if you suffered damages in Florida, you need attorneys who understand the nuances, judge-made laws, and idiosyncrasies of Federal and Florida law.  You may need help determining where to begin, especially if you have not spoken to a product liability lawyer in Orlando. 

Fortunately, our team can guide you through the steps you can take when you have suffered injuries from a defective product. Following a faulty product injury, take the following steps to help you recover from your severe injuries:

1. Capture images of the product, including its components (chargers, outlets, etc.) and any broken pieces.
2. Safely store the product with its components, packaging, and instructions.
3. Seek medical attention for a thorough evaluation and retain records of all medical bills and doctor’s notes.
4. Maintain a recovery journal, whether physical or digital, to provide your attorney with a comprehensive account.
5. Schedule a complimentary consultation with an Orlando product liability lawyer to explore your legal recovery options.

A case may seem straightforward, but product liability cases are often more complex. Whether a design flaw, manufacturing issue, assembly problem, or unclear instructions, your Florida product liability lawyer must compellingly demonstrate the cause-and-effect relationship between the defect and your injuries.

With a track record since 1989, DWK Law is known for excellent legal research, strong courtroom performance, and effective client management. Our firm is well-equipped to handle intricate product liability cases, delivering high-value results even in challenging situations.

Florida’s product liability law defines the main product liability cases.

Manufacturing defects

When something goes wrong during the manufacturing process, it can lead to a defective product that fails to work as intended. For example, a mistake on the auto assembly line could result in a pair of faulty brakes that malfunctions, causing a collision.

Design defects

The defect may result from a flaw in the product design. For instance, you might have purchased a power tool with plastic guards that are too short to provide effective coverage.

Marketing defects (failure to warn)

The mistake may be present in the packaging Manufacturers and sellers must warn customers of any dangers that may come with the product. For example, if you purchased a medication with severe side effects, and you were not warned about those side effects, you may have grounds for a lawsuit. 

This may also apply to products that lack specific use or safety instructions. That leads you to risks that the seller has not disclosed to you, which may lead to serious injury. 

Breach of warranty

Any time you buy a product, that product comes with certain express and implied warranties. However, in some product liability cases, that warranty may have been breached, leading to a product liability claim.  When a breach of warranty results in physical injury, recoverable damages include all financial and non-financial losses incurred (and those that will be incurred in the future). This means that individuals and families can seek compensation for losses including:

• Medical expenses
• Other out-of-pocket costs
• Lost earnings
• Pain and suffering

When the manufacturer violates the express or implied contract that a warranty provides, they may be held legally responsible for that breach of warranty and contract. Talk to your lawyer about determining whether there is a warranty and how it was violated.

Below are just a few examples of injuries common in product liability cases:

• Traumatic brain injuries 
• Broken bones 
• Spinal cord injuries 
• Lacerations 
• Eye injuries 
• Burns

As you determine the severity of your injuries, what type of claim you are facing, and the compensation you are due, you will also need to determine who is liable for your injuries. Below are just a few of the specific at-fault parties that may be liable for the specific suffering you have experienced.

Product manufacturer

The manufacturer is one of the most common liable parties following a product defect. When something is wrong with the product you purchased, and that mistake is in the manufacturing of the item, the manufacturer may be held liable for any injuries caused by the product.

Parts manufacturer

If the whole product is not defective, but a specific part is, you may have grounds for a lawsuit against the parts manufacturer. There may not be a single manufacturer over the making of the entire product, but the company that made these specific parts may be held responsible for their actions that led to your injuries.

Wholesaler

When a wholesaler purchases a bulk of products for sale, they may be responsible for proper distribution, packaging, and other product concerns. The wholesaler is typically the last party involved before the product goes to the customer. 

If the wholesaler makes a mistake in assembling or packaging the product, liability may fall on them for failing to ensure your safety.

Retail store

Once a product reaches a retail store, the store has certain responsibilities to uphold that can help protect shoppers. If the retail store is responsible for placing a defective product in the hands of a consumer, it may be held liable for some or all the damages suffered because of that product defect. 

Keep in mind that you may have a high standard of evidence to prove to sue a retailer for a product defect. For example, you will need to show you used the product in the way it was designed, that the product was effective, that you were injured, and that the effects of the product defect affected your life.

Product installer

During the installation process, installers are typically expected to examine or observe the product. They should be capable of identifying evident damage at that time. However, whether the damage resulted from their actions or an error elsewhere in the process, you may have sustained injuries.

For instance, if you were installing solar panels for your home and they fell from the roof shortly afterward, you might have a basis for legal action, either against the installer for failing to detect a significant mistake or against the solar panel company for a design or manufacturing defect.