When you purchase a product, you have a right to expect that it will be safe when used as intended. Unfortunately, defective products can cause serious injuries or even death. At the Law Offices of Gonzalo Funes, PA, we help individuals in Miami and throughout South Florida seek compensation when they are harmed by unsafe products. Our firm is dedicated to holding manufacturers, distributors, and retailers accountable for the harm their defective products cause. If you or a loved one has been injured by a dangerous product, contact a knowledgeable Miami product liability lawyer from our firm today.
Common Types of Defective Products
Product liability cases can arise from a wide range of consumer goods. Some defects are obvious, while others are hidden until it is too late. Some of the most common types of defective products that often lead to injuries are as follows:
- Automobile parts: Faulty brakes, defective airbags, tire blowouts, and malfunctioning seatbelts are examples of car components that can fail and cause accidents.
- Household appliances: Items like space heaters, toasters, and microwaves may have wiring issues or design flaws that create a risk of fire, electrocution, or burns.
- Children’s toys: Small parts that pose a choking hazard, toxic materials in paint or plastic, and toys that break easily can all put children at risk.
- Medical devices: Defective pacemakers, artificial joints, surgical mesh, and other medical devices can fail and lead to serious health complications.
- Pharmaceutical drugs: Medications with undisclosed side effects or improper labeling can result in harmful or even fatal reactions.
- Power tools and equipment: Tools with inadequate safety guards or faulty switches can cause lacerations, amputations, or other injuries.
- Food and beverages: Contaminated or mislabeled food products may cause food poisoning, allergic reactions, or exposure to dangerous substances.
- Electronics: Items like cell phones, laptops, and e-cigarettes can overheat or explode due to defective batteries or circuitry.
Grounds for a Valid Product Liability Claim
Not every product-related injury will result in a successful product liability lawsuit. To have a valid claim in Florida, you must be able to show that the product was defective in one of the following ways:
- Unsafe design: This occurs when the product’s very design makes it dangerous, even if it was manufactured correctly. For example, a ladder that is structurally unstable or a car with a design that makes it prone to rollovers would fall into this category. The defect exists before the product is even made and affects every unit produced according to that design.
- Manufacturing defect: In this case, the product’s design is safe, but something went wrong during the manufacturing or assembly process. This might include contamination during production, missing components, or errors that occur while the product is being made. A single defective batch of medicine or a specific vehicle with improperly installed airbags could give rise to this type of claim.
- Failure to warn (or inadequate instructions): Some products cannot be made completely safe, but manufacturers have a duty to warn users about potential risks. This includes clear labeling and instructions for safe use. If a company fails to warn consumers about foreseeable dangers, such as a medication’s side effects or a cleaning product’s chemical hazards, it may be held liable for resulting injuries.
Each of these types of defects requires careful investigation and evidence. A dedicated Miami injury lawyer at the Law Offices of Gonzalo Funes, PA will work with experts to build a strong case by determining what went wrong and who is responsible.
What to Do After Being Injured By a Defective Product
If you have been injured by a defective product, the steps you take immediately after the incident can have a significant impact on your ability to recover compensation. If you can, try to take the following steps:
- Seek medical attention: Your health and safety are the top priority. Even if your injuries seem minor, it is important to see a doctor right away. A prompt medical evaluation will create documentation that links your injuries to the defective product.
- Preserve the product: Do not throw away, alter, or attempt to repair the product that caused your injury. Keep it in a safe location, along with any packaging, instructions, or receipts. The product itself will be a critical piece of evidence in your case.
- Take photographs: Document the product, the scene of the incident, and your injuries. Photos of the defective item, how it was being used, and the resulting harm can provide powerful support for your claim.
- Write down what happened: While the details are fresh in your mind, create a detailed account of the incident. Include information about how you were using the product, what went wrong, and how you were injured.
- Identify witnesses: If anyone else saw the incident or can confirm how you were using the product, collect their names and contact information. Witness testimony can be valuable in proving your case.
- Avoid speaking to insurance companies or manufacturers: You may be contacted by the company that made the product or its insurance carrier. It is best not to give statements or sign anything without first consulting an attorney. These parties often look for ways to minimize their liability.
- Contact a Miami product liability lawyer: The sooner you speak with an attorney, the better. A lawyer can evaluate your case, preserve critical evidence, and overall fight for the compensation you deserve.
Contact a Miami-Dade County Product Liability Lawyer
Product liability cases aren’t always easy, as they often involve going up against large corporations with significant resources. However, with the right legal representation, you can level the playing field. Our team is committed to helping injury victims in Miami, and we stand ready to fight for you. Contact a dedicated Miami product liability lawyer from the Law Offices of Gonzalo Funes, PA for a free case evaluation today.
