Defective Product InjuriesSeptember 15, 2021

Does Florida Liability Law Protect You If a Defective Product Harms You?

If you’ve experienced personal injury or the death of a family member due to a malfunctioning or defective product, Florida has liability laws to help. Let our knowledgeable legal professionals from Cohen & Juda, P.A. reduce the stress of navigating liability law. In this blog, you’ll find helpful information about the basics of Florida liability law, followed by tips on how you can benefit from a personal injury attorney or product liability lawyer near you.

What Is Product Liability Law?

Product liability law refers to the set of laws that govern legal responsibility for the intended and unintended effects of using any product or manufactured object. These laws help courts and judges make decisions in matters of malfunctioning or defective products. If you have suffered personal injury or feel that a loved one has suffered wrongful death due to a defective product, Florida liability law may help.

Types of Defective Products

Product liability claims address the use of any defective product. Examples of defective products include:

  • Personal care devices
  • Office equipment
  • Manufacturing or industrial equipment
  • Food products
  • OTC drugs or prescriptions
  • Motor vehicles
  • And many, many more

Types of Liability Lawsuits

Florida liability law allows for three primary types of product liability lawsuits. These lawsuit types are:

  • Negligent product design: A product designer has overlooked or not included vital safety features before production begins.
  • Negligent product manufacturer: A product manufacturer has overlooked or not included vital safety features at the production level.
  • Failure to warn: A company fails to warn consumers about potential safety hazards resulting from a consumer misusing a product.

Liability lawsuits begin with making a product liability claim. To learn more about the product liability claims process, continue reading or reach out to a knowledgeable product liability or personal injury lawyer near you. Call us at Cohen & Juda, P.A. today at 954-424-1440 to schedule a free consultation.

Florida Statute of Limitations for Product Liability Claims

The state of Florida has set a time limit for product liability claims. For personal injury or property damage, a person must file a product liability within two years from the date of the incident in question. The statute of limitations for wrongful death product liability claims is two years. For help navigating the legal restrictions and requirements for product liability claims, the best option is to hire a qualified personal injury attorney or product liability lawyer near you.

Types of Damages That Product Liability Claims Cover

Product liability claims can help recover some of the damages you have incurred due to malfunctioning or defective products. Damages that you may recuperate after a successful product liability claim include:

  • Medical bills that relate to personal injury from the defective product
  • Wages you have lost because of personal injury
  • Punitive damages

Punitive damages punish the product manufacturer, designer, or distributor for negligence as is legally appropriate. In Florida, product liability law currently caps punitive damages at $500,000 or three times the amount of compensation for damages to which the injured party is entitled. In general, liability law does not cover injuries a consumer or user sustains when they purposefully remove or damage the product’s safety features or warning labels. Further, liability law does not typically cover injury or accident that consumers incur when they use the product in a manner or for a purpose inconsistent with the product’s intended use. A knowledgeable personal injuries lawyer or accidents lawyer will determine which legal course of action is suitable for your situation.

How to Prove a Product Liability Claim

Product liability claims come with a burden of proof. Here are some steps to keeps records and get the evidence you need to back up your claim.

  • Phone the police and seek urgent medical treatment, if needed
  • Take pictures of the product and any injuries or damages the product caused
  • Get the contact information of any witnesses
  • Hire a trusted personal injury attorney

Benefits of Hiring a Product Liability Lawyer Near Me

Product liability and personal injury lawyers hold designers and companies responsible for personal injury and wrongful death that defective products cause. Personal injury lawyers handle many legal issues outside of product liability, as well, including:

  • Persons with injuries due to a DUI driver
  • Damage that an uninsured motorist caused
  • Injury from falling in a store
  • And more

Cohen & Juda, P.A.: We Will Represent You Personally

Personal injury lawyers and product liability lawyers work with clients to navigate the world of liability law. At Cohen & Juda, P.A., our talented legal staff listens and provides services that we tailor to the unique needs of every client. We’re proud to have served Broward County for over thirty years, bringing Florida residents millions of dollars in trial payments and settlements. If you’re suffering from personal injury or the death of a family member due to a defective product, don’t take on liability law alone. Instead, let our team of accident lawyers at Cohen & Juda, P.A. help. We will represent you personally. Call us at 954-424-1440 or complete our online form today for a free consultation. Copyright © 2021. Cohen and Juda, P.A. All rights reserved. The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Cohen and Juda P.A. 8211 W Broward Blvd #310 Plantation, FL 33324 954-424-1440 https://www.cohenandjudaflorida.com/

Defective Product Injuries
About the Author
Gary H. Juda
Gary H. Juda
Founding Partner

Areas of Practice

General negligence, wrongful death, nursing home abuse, medical malpractice, slip/trip and falls, insurance disputes, bad faith litigation, construction accidents, pharmacological claims, and product defects.

Mr. Juda began his practice defending insurance companies to limit the plaintiff’s recoveries in injury and wrongful death claims, including defending insurance companies in Bad Faith litigation. This experience gives him unique insight into the operations and thought processes of those who handle claims on behalf of these insurance companies. Since 1994, he has devoted his entire professional practice to representing individuals injured due to the fault of another. Mr. Juda has practiced in State and Federal Courts in Florida and the United States.

In 1999, Mr. Juda and Mr. Cohen decided to leave their prior Plaintiff practice to provide personal, aggressive representation to those injured through the fault of another. Additionally, Mr. Juda has extensive experience handling insurance disputes, coverage denials, disability claims, and other issues of denial of insurance benefits.

How To Contact Cohen & Juda About Your Case

If you or someone you know have suffered personal injury or death due to the negligence, recklessness, or wrongful acts of another, simply complete the Case Information Form below. We will review the information and promptly respond to your request.

Quick Facts

  • Born: June 4, 1965
  • Birth Place: New York, New York
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