When a Defective Product Causes Serious Harm
Manufacturers and sellers have a responsibility to place reasonably safe products into the hands of consumers. When a defective or dangerous product causes serious injury or death, determining who is responsible can require extensive investigation into the product, its design, warnings, manufacturing history, and the circumstances surrounding the injury.
Diez-Arguelles & Tejedor represents individuals and families in product liability claims involving defective drugs, medical devices, and other products. Our attorneys investigate the circumstances surrounding an injury, work with qualified experts when appropriate, and pursue the compensation available under Florida law.
Diez-Arguelles Tejedor stands up for individuals and families injured by dangerous or defective products. Our attorneys are committed to protecting your rights, investigating what went wrong, and helping you pursue the compensation you may be entitled to.
Call (407) 705-2880 to learn how we can help.
When Is a Product Defective?
A product can cause serious harm for different reasons. Florida product liability law recognizes several legal theories, including strict liability, negligence, and breach of warranty. A claim may involve the way a product was designed, the way a particular product was manufactured, or the information provided to consumers about foreseeable risks.
Design Defects
A product may be defective because of the way it was designed. Even when a product is manufactured exactly according to its specifications, the design itself may create an unreasonable risk of injury.
Florida's product liability jury instructions recognize both consumer-expectation and risk-benefit approaches when evaluating an alleged design defect.
Manufacturing Defects
Sometimes the problem is not the design, but the particular product that reached the consumer. A manufacturing defect may occur when a product differs from its intended design and, as a result, fails to perform as safely as intended.
Failure to Warn
A product may also present an unreasonable danger when foreseeable risks are not adequately communicated through warnings or instructions. A warning may be particularly important when a product carries risks that an ordinary consumer would not reasonably anticipate.
A product does not necessarily have to be recalled before a product liability claim can exist. A recall, safety alert, adverse event report, or other regulatory action may be important evidence, but the circumstances of each individual injury still need to be investigated. The FDA notes that recalls may involve manufacturing defects, contamination, adverse event reports, inaccurate results, software problems, and other safety concerns.
Our Product Liability Experience
Product liability cases can involve a wide range of products and industries. Over the years, our firm's product liability and mass tort experience has included claims involving dangerous drugs, medical devices, consumer products, and other allegedly defective products.
Our experience has included matters involving:
Dangerous Drugs and Pharmaceuticals
- Accutane
- Avandia
- Bextra
- Digitek
- Fosamax and Actonel
- Ketek
- Levaquin
- Paxil
- Reglan
- Seroquel
- Tequin
- Trasylol
- Viagra
- Vioxx
- Yaz
- Zelnorm
Medical Devices and Healthcare Products
- Baxter Heparin Recall
- Gadolinium MRI/MRA Contrast
- Heparin Syringe Recall
- Kugel Mesh Patch
- NuvaRing
- Ortho Evra
- Prisma Dialysis
- Raptiva
- ReNu with MoistureLoc
- ReliOn Insulin Syringe Recall
- Shoulder Pain Pump
Other Product-Related Claims
Our prior experience has also included product-related claims involving tobacco products and serious drug-related reactions, including Stevens-Johnson Syndrome.
The products and claims listed above reflect areas of the firm's prior product liability and mass tort experience. The legal and scientific issues surrounding individual products can change over time, and not every product listed is necessarily the subject of an active investigation or current case.
How We Investigate a Product Liability Case
Product liability cases often require more than establishing that a person was injured while using a particular product. The investigation may need to determine what happened to the product, whether it was defective, what risks were known or reasonably foreseeable, and whether the alleged defect caused the injury.
We may examine the product itself, purchase records, packaging, labels, instructions, photographs, videos, maintenance records, and other evidence showing the product's condition before and after the incident.
Depending on the circumstances, we may also investigate:
- How the product was designed and manufactured
- Whether the product differed from its intended design
- Whether warnings or instructions adequately addressed known or foreseeable risks
- Whether the product had been modified or substantially changed
- Prior complaints, adverse events, or reported injuries
- Recalls, safety alerts, and regulatory actions
- Testing and quality-control information
- The product's distribution and sales history
- Whether other people experienced similar injuries
- The medical evidence connecting the product to the injury
- The potential responsibility of manufacturers, distributors, sellers, or other parties
Preserving the product and related evidence can be especially important. In some cases, the product itself may become a critical piece of evidence, making it important to avoid discarding, repairing, altering, or modifying it before the circumstances have been evaluated.
When technical or scientific issues are involved, qualified experts may be necessary to evaluate the product, the alleged defect, and the connection between the product and the injury.
Serious Injuries and Financial Losses
Defective products can cause catastrophic injuries, permanent disabilities, and death. Depending on the product and the circumstances, injuries may include traumatic brain injuries, spinal cord injuries, burns, fractures, amputations, internal injuries, organ damage, permanent disfigurement, and other life-altering conditions.
The financial consequences can extend well beyond the initial medical treatment. A seriously injured person may require rehabilitation, additional surgeries, ongoing medical care, assistive equipment, home modifications, or long-term support. An injury may also prevent someone from returning to work or earning the income they once expected to earn.
A product liability claim may seek compensation for losses allowed under Florida law, which can include medical expenses, future medical and rehabilitation needs, lost income, loss of future earning capacity, pain and suffering, disability, disfigurement, and other damages depending on the circumstances of the case. Wrongful death claims may involve additional damages available to surviving family members.
Our Product Liability Results
Product Liability & Defective Product
Product Liability & Wrongful Death
Product Liability & Wrongful Death
These results are examples of our past recoveries relating to product liability, and do not guarantee a similar result in another case.
Florida Product Liability Claims and Deadlines
Florida product liability law is broader than simply asking whether a product was “defective.” Depending on the circumstances, a claim may involve strict liability, negligence, breach of warranty, or other legal theories.
The deadlines can also be more complicated than a standard personal injury claim. Under current Florida law, the limitations period generally depends on when the facts giving rise to the claim were discovered, or should have been discovered through due diligence. Florida also has a 12-year statute of repose that can limit certain product liability claims based on when the product was first delivered to a purchaser or qualifying lessee. Exceptions and additional rules may apply in certain circumstances.
The applicable deadline can depend on the product involved, when the injury occurred, when it was discovered, and other facts surrounding the claim.
Florida law also recognizes certain defenses and presumptions involving regulatory compliance and the scientific and technical knowledge available when a product was manufactured. These issues can require careful technical and legal analysis.
Diez-Arguelles Tejedor can review the circumstances of a product-related injury, examine the available evidence, and help determine whether a potential product liability claim may exist and what legal deadlines may apply.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
Frequently Asked Questions
A product liability claim is a legal claim arising from harm allegedly caused by a product. Depending on the circumstances, the claim may involve a manufacturing defect, design defect, inadequate warning, negligence, breach of warranty, or another recognized legal theory.
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