Consumers expect products to be safe for their intended uses, but many items actually cause injury. Even those that undergo stringent testing, such as medical devices and drugs, can pose a danger to consumers. At Frankl & Kominsky, our product liability injury attorneys offer comprehensive legal representation to victims of defective products throughout South Florida. We aggressively pursue claims against manufacturers and pharmaceutical companies to help our clients get the compensation they deserve. Contact us today to discuss your claim.Defective or Dangerous Products
Many products have defects that pose an unreasonable risk of injury to their users. Even products that undergo rigorous testing and monitoring from government agencies can cause significant harm to their unsuspecting consumers. These products include medical devices, drugs, and motor vehicles.
The Food and Drug Administration (FDA) requires manufacturers to prove the safety and effectiveness of their products before they are made available to the public, and to report any suspected cases of device-related injury or death once the device is in the marketplace. Unfortunately, many individuals are injured by medical devices before their defects are known.
The same is true of prescription and over-the-counter drugs, which can cause serious injuries if they harbor significant defects or lack sufficient warning labels. The FDA requires drug manufacturers to submit their products to a series of clinical trials, and to disclose possible side effects to consumers. Testing, however, may not uncover all of a drug’s potential dangers.
Defects in a motor vehicle or its component parts can often lead to accidents on Florida highways. Brake failure or tire defects may cause a catastrophic car or truck crash. A defect in the seat belt or airbag can also injure a motorist or passenger. When a product causes injury, the victim may have a product liability claim.Hold Manufacturers Liable for Harming Consumers
If you are hurt by a dangerous or defective product, you can file a lawsuit against its manufacturer or seller. A product liability action seeks compensation for harm caused by the manufacture, design, or assemblage of a product. If a consumer suffered injuries that could only be caused by a defect in the product, he or she can hold the manufacturer or seller liable for any injuries that resulted.
To prove your claim, you must show that the product was defective when it left the manufacturer or seller’s control, and that the defect caused your injuries. You can base your claim on various theories of liability, including strict liability and negligence.
To hold a manufacturer strictly liable, you must show that the product was defective because a flaw in its design or the manufacturing process made it unreasonably dangerous. A product manufacturer is strictly liable for any manufacturing or design defect that causes injury, irrespective of the care it took in the actual process of making the product.
If your claim is based on negligence, you must prove that the manufacturer failed to exercise care in the manufacture, design, or sale of the product. You must show that the manufacturer had a duty to use reasonable care, breached that duty, and caused you injuries from which actual damages ensued.
Recoverable damages in product liability claims include compensation for current and future medical expenses, lost wages, and pain and suffering. If a loved one succumbed to injuries from a defective product, you may potentially file a wrongful death claim and seek damages for your relative’s medical bills, funeral expenses, and more. Florida personal injury claims must be filed within four years from when the harm occurred, and wrongful death suits must be filed within two years.Capable Representation in Boynton Beach Product Liability Cases
The accident lawyers at the Boynton Beach firm of Frankl & Kominsky provide seasoned representation for consumers trying to hold manufacturers accountable for dangerous products. We can explore your options and discuss your legal rights with you. If we proceed with your product liability claim, our team of legal professionals will spare no effort in building a strong case and seeking compensation that is fair for your injuries. We represent victims in Coral Springs, Boca Raton, and Miami, as well as other Florida cities. For a free consultation, please call us at (855) 800-8000 or fill out our online form today. We speak Creole and Spanish.