Were you harmed by a defective product in Mary Esther, Florida? Contact Gross & Schuster Injury Lawyers for a free consultation at (850) 809-0170. Our Mary Esther product liability lawyers can help you pursue compensation from the manufacturer and all other liable parties.
Our personal injury law firm has 75 years of combined experience and has obtained more than $200 million for injured victims in the area. We can put our experience to work for you as well, so get in touch today to learn about your legal options.
Why Hire Gross & Schuster Injury Lawyers After a Product Liability Injury in Mary Esther, FL?
Gross & Schuster Injury Lawyers can help you level the playing field against a powerful corporation in a way other legal teams can’t. Product liability cases in particular can involve both federal and state standards, laws that our Mary Esther personal injury lawyers are highly familiar with and that we can use to your benefit throughout your case.
A few reasons to consider hiring our Mary Esther, FL, team include:
- We bring more than seven full decades of combined legal experience to every personal injury case we take on
- The case results we’ve won include recoveries in the seven figures
- We’ll be prepared to take your case to trial in Okaloosa County if the other side refuses to make you a fair offer
- Our founding attorney, Terence A. Gross, is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Specialization and Education
Contact our Mary Esther product liability attorneys today to learn more about forming an attorney-client relationship. We can answer all of your questions during your free consultation.
Types of Product Defects Under Florida Law
Florida law recognizes three categories of product defects that can form the basis of a liability claim. Determining which type applies to your situation matters because it shapes how your case is built and what needs to be proven.
Design Defects
A design defect exists when the product’s blueprint itself makes it unreasonably dangerous. The flaw is built into the product from the start, meaning every unit that comes off the production line carries the same risk. A vehicle with a center of gravity that makes it prone to rollovers is one example.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production process that causes a specific product to deviate from its intended design. The flaw affects individual units rather than the entire product line. A batch of medication contaminated during packaging would fall into this category.
Failure to Warn
A failure to warn claim applies when a product does not include adequate instructions or safety warnings about risks that the manufacturer knew or should have known about. A well-designed product can still be dangerous if consumers are not properly informed about how to use it safely.
Under Florida law, a product liability claim may be based on strict liability rather than negligence. This means an injured person may not have to prove that the manufacturer failed to use reasonable care. However, the claimant still must establish the requirements of the applicable product liability theory, including a connection between the defect and the injury.
Who Can Be Held Liable for a Defective Product in Mary Esther, FL?
Product liability claims in Florida are not limited to the company that manufactured the product. Multiple parties in the supply chain can be held responsible depending on where the defect originated and who played a role in getting the product to you.
Liability may extend to parties like:
- The product’s designer and manufacturer
- Companies that supplied defective component parts
- Distributors that moved the product through the supply chain
- Retailers that sold the product to the consumer
Identifying every responsible party is important because it can open up additional insurance coverage and increase the total compensation available to you. Our product liability attorneys will investigate the full chain of distribution to make sure no one who contributed to the defect is left out of your claim.
What Is My Mary Esther Product Liability Claim Worth?
There is no single formula for determining what your claim is worth, as each case is unique at the end of the day. The value depends on the specific facts of your situation and the extent of the harm you suffered.
Some of the factors that can influence the value of your case include:
- How severe your injuries are and whether they are permanent
- The total cost of your medical treatment, including future care
- Whether you have lost wages and had your earning capacity reduced
- The nature of your pain and suffering and emotional distress
- Whether the manufacturer’s conduct was egregious enough to support punitive damages
- The strength of the evidence connecting the defect to your injury
We can give you a better sense of what your case might be worth when we sit down for your free consultation. Contact our product liability lawyers today to set up a time to meet.
What Damages Can I Recover After a Product Liability Injury in Mary Esther?
If your claim is successful, you can pursue both economic and non-economic damages. Together, these are known as compensatory damages and are designed to make you as whole as possible after a serious injury. Punitive damages may also be available in rare cases.
Economic damages cover your financial losses, including:
- Medical bills and future care needs
- Rehabilitative therapy
- Lost wages and reduced earning capacity
- Out-of-pocket expenses
- Property damage
Non-economic damages address the personal toll of the injury, such as:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Disability
- Scarring and disfigurement
In cases involving particularly reckless conduct, Florida law allows punitive damages under Florida Statute § 768.72. These require clear and convincing evidence that the manufacturer engaged in intentional misconduct or acted with gross negligence. While punitive damages are rare, they can be substantial when a company knowingly puts a dangerous product on the market.
What if I’m Being Blamed for My Product Liability Injury in Florida?
Under Florida’s modified comparative negligence law, you can still recover compensation as long as your share of fault does not exceed 50%. If you are found to be 51% or more responsible, you generally cannot recover damages.
Your damages will be reduced by whatever percentage of fault is assigned to you. For example, if your total damages are $300,000 and you are found to be 20% at fault, your recovery would drop to $240,000.
Manufacturers frequently try to argue that the injured person misused the product or ignored safety warnings. These arguments are designed to shift blame and reduce the company’s financial exposure. Having an experienced product liability attorney on your side can help you respond to these arguments and protect your claim.
How Much Does It Cost to Hire a Product Liability Lawyer in Mary Esther?
Most product liability lawyers in Mary Esther, including ours, work on a contingency fee basis. This means instead of paying per hour or upfront, you only pay attorney’s fees if we win compensation for you.
We’ll sign an agreement at the beginning of your case so that you’ll know what to expect. This arrangement makes it possible to take on a corporation regardless of your current financial circumstances. It also gives our personal injury lawyers every reason to push for the highest possible result we can for you, because our payment depends on it.
How Much Time Do I Have to File a Product Liability Claim in Florida?
Florida law imposes deadlines on product liability lawsuits, and the applicable period can depend on the legal theory and circumstances of the claim.
Current Florida law provides a five-year limitations period for certain actions involving injuries caused by the design, manufacture, distribution, or sale of personal property, while actions founded on negligence generally have a two-year deadline.
Florida also has a statute of repose that can place an outside limit on certain product liability claims. Because different deadlines and exceptions may apply, speaking with an attorney promptly can help you determine the filing period for your particular case.
Contact Our Mary Esther Product Liability Attorneys for a Free Initial Consultation
Were you injured by a defective product in Mary Esther, Florida? You may have the right to hold the responsible company accountable and recover compensation for your injuries. A trusted Mary Esther product liability lawyer with Gross & Schuster Injury Lawyers can handle your claim from start to finish while you focus on healing.
Contact us today to schedule a free consultation. We’ve recovered hundreds of millions of dollars for our clients to date and are confident we can help you, too.