We are South Florida attorneys located in Coral Springs in Broward County handling defective product cases resulting in serious injury or death throughout the state of Florida. The personal injury lawyers at Law Offices Cytryn & Velazquez, P.A. handle product liability claims where serious injury or death results from a defective product. A product may be defective by design, manufacturing, or for failing to warn of certain dangers, which may also be known as marketing defects.
When a product has a flaw in the design, the manufacture, or in the adequacy of the warnings, the entire product line may be dangerous and can potentially injure the consumers that purchased the product. Design defects can happen with anything ranging from vehicles to medical devices, such as hip or knee replacement parts.. When there are vehicle design mistakes, there is a greater risk of being involved in an accident. Common vehicle errors include problems with brakes, defective air bag designs, and defective seat belt design to name a few.
Lawnmowers, Power saws, Boats, Chairs, Trampolines, and numerous other products can be dangerous and may constitute a defective product.
Most people are familiar with the major Toyota and Honda recalls over the past couple of years. Recently, Honda had to recall more than 300,000 older model Odyssey vans because of an issue causing the vehicle to brake suddenly. Other recalls for Honda in 2013 involved faulty computer chips causing airbag malfunctions. The recall was issued in 4 countries including the United States. Metal shards from the Takata recalled airbags can cause serious injury or death.
A product that is defectively manufactured does not follow the manufacturer’s specifications and does not match the rest of the product line. Manufacturers of dangerous products may be liable for injuries and, if their conduct in producing the dangerous product was reckless, may also be liable for punitive damages. We handle cases against automobile manufacturers and manufacturers of all types of dangerous and defective products. However, those type of cases are limited generally to catastrophic injury and death cases, since the expense of pursuing those cases may require the law firm to outlay hundreds of thousands of dollars.
The third type of product liability are marketing defects, which can include improper labeling, lack of instructions or vague instructions, and failure to warn about the product’s dangers, which is common amongst medications. For example, we previously represented victims that suffered from rhabdomyolsis, a severe muscle disorder that was due to using a defective drug that was recalled, manufactured at the time by Bayer, known as Baycol®.
Warning labels should be clearly visible and should be placed closest to the area where a hazard is present (if applicable). According to the American National Standard Institute (ANSI), safety labels should indicate the level of hazard. ANSI has designated 3 main signal words which are meant to indicate the level of hazard of a product.
The most serious of the three is danger, which is coded with the color red and stands for a hazardous situation that if not avoided, will result in serious injury or death. Following danger is warning. Warning labels appear in orange and signal a potentially hazardous situation that could result in serious injury or death if not avoided. The last of the three is caution labels, which appear in yellow indicating a potentially hazardous situation that could end up in minor or moderate injuries.
There are limitations to obtaining compensation for injuries that resulted from a defective product. For instance, if you were aware that the product was defective and chose to use it anyway, this can potentially harm your injury case. In addition, every state has a different statute of limitations, which is a restriction of time that you are allowed to pursue a legal claim.
Also, in order to potentially find negligence and to pursue a product liability case, the product must be considered dangerous; the defect of the product must have caused an injury while it was being used correctly, and the product should not have been changed substantially from the way it was sold.
If you or your loved one were injured due to the negligence of a manufacturer or someone else, call our firm toll free at 1-877-853-7466 for your free consultation. We have helped victims of defective products and would like to do the same for you.