Were you or a family member injured while using a dangerous consumer product in Tampa, FL? Call Mincone Personal Injury Lawyers at (813) 430-3338 to learn about your legal options. If the product was defective, an experienced Tampa product liability lawyer can help you fight to recover compensation for medical expenses, lost wages, and personal losses.
We have over 15 years of experience standing up to powerful manufacturing companies and their defense teams. Over the years, we’ve recovered millions of dollars to help injury victims and their families get back on their feet again.
We’re prepared to use our proven track record of success to your advantage. To learn more about your legal rights, call our law offices in Tampa, Florida, to arrange a free consultation today.
Why Call Mincone Personal Injury Lawyers for Help With a Product Liability Claim in Tampa?
Dangerous products reach consumers all the time. About 40 million Americans are injured by products that have already been recalled for defects every single year. If you were one of them, the good news is that you can hold the manufacturer liable. The bad news is that product liability laws are extremely complicated.
You deserve an experienced Tampa personal injury attorney with the skills and resources to help you stand up to the manufacturer and their defense teams.
When you hire our trusted team at Mincone Personal Injury Lawyers, count on us to:
- Handle the investigation into your injury
- Locate evidence to prove the product was defective
- Determine whether others have suffered similar injuries
- Work closely with respected experts who can testify on your behalf
- Defend you when you’re blamed for your own injuries
- Negotiate with the other side for a full settlement
- Take your case to trial if the insurance offer isn’t fair
Having an experienced Tampa personal injury lawyer by your side prevents the insurance company from taking advantage of you. Call our team today to learn more about how a lawyer can help with your case.
What is Product Liability?
Companies that profit from selling consumer products are responsible for making sure they’re reasonably safe. That includes companies that manufacture, design or sell defective products. When these companies sell products that are unreasonably dangerous, they can be held financially responsible for any resulting injuries.
What Do I Have to Prove to Win a Product Liability Lawsuit in Florida?
Florida is a strict liability state when it comes to product liability. You won’t have to prove the defendant was negligent to recover damages. That doesn’t mean you can automatically recover compensation if you were hurt using a consumer product.
Instead of proving negligence, you must prove:
- The defendant was responsible for the product in question
- The product suffered from a defect
- The defect made the product unreasonably dangerous
- You were using the product as intended or in a reasonably foreseeable way
- The product actually caused the injuries or damages you suffered
You should always keep the product even after it has injured you. Unless it’s somehow dangerous to keep the product, the product itself can provide valuable evidence when it comes to proving your case.
When is a Product Considered Defective Under Florida Product Liability Laws?
Three primary types of product defects exist: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects are problems with the product’s design. The product becomes unreasonably dangerous because of its design.
Courts consider a few different things when deciding whether to award compensation based on design defects:
- How valuable is the product as designed?
- Do the product’s benefits outweigh the risks?
- Is there a reasonably safe alternative design?
- Is the alternative design economically feasible?
Manufacturers must adopt the safest design when one is available and possible from a cost standpoint.
Manufacturing Defects
Manufacturing defects are caused by errors in the manufacturing process. But for the mistake, the product would have been safe as designed. It’s possible that the error might impact an entire batch of products or even a single unit.
Marketing Defects
Some products carry risks even if the manufacturer adopts the safest design possible and no mistakes occur in the assembly process. Product manufacturers must warn consumers about non-obvious risks. When they don’t, they can be liable for failure to warn.
What is My Tampa Product Liability Case Worth?
We calculate the value of your personal injury case based on the evidence, the nature of your injuries, and your unique losses and suffering.
Important factors include:
- Whether your injuries are severe, permanent or life-changing
- Your medical costs
- The extent to which you’ve had to miss work and lose income
- Whether you will need ongoing medical care, rehabilitation, and/or assistance
- Whether your future earning capacity is diminished, and to what extent
- Whether a class action lawsuit or multi-district litigation (MDL) exists
Our lawyers evaluate all of the facts when we’re assessing your case value. We’ll work with you so that we can understand your suffering and how the injury has changed your life. That way, we can work to ensure that all of your losses are accounted for in your final compensation award.
What Types of Damages Are Available in a Successful Product Liability Lawsuit in Tampa?
Product liability laws allow victims to seek compensation for all economic damages and non-economic damages.
Some examples include:
- Past and future medical expenses
- Rehabilitation
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Trauma
- Diminished quality of life
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of consortium and other damages for wrongful death
Punitive damages are relatively rare. They’re available only when there is clear evidence to prove the defendant’s acts were intentional or amounted to an extreme reckless disregard for human life.
How Much Does it Cost to Hire a Product Liability Lawyer in Florida?
Mincone Personal Injury Lawyers is a contingency fee-based firm. Rather than charge an upfront retainer fee, we take our fees out of your compensation award once your case is resolved. When you hire us, you’ll agree to pay a percentage of whatever compensation we recover in your case.
Can I Recover Damages If I’m Being Blamed for Causing My Own Injuries While Using a Consumer Product in Florida?
Insurance companies and defense attorneys often blame victims for their own injuries. Pin some of the blame on the victim, and they get to pay less than you really deserve.
Under Florida’s modified comparative negligence law, it’s possible that you could even lose your right to compensation. Once you’re more than 50% responsible, you cannot seek compensation. When you share some blame but not more than 50%, your compensation is reduced by that percentage.
In product liability cases, manufacturers often claim victims didn’t use the product properly. Even if that’s the case, they can be liable if you were using the product in a reasonably foreseeable way.
Our Product Liability Attorneys in Tampa Will Fight to Recover Compensation for All of Your Injuries
Some examples of the types of injuries commonly caused by defective products include:
- Deep cuts and lacerations
- Broken bones
- Burns
- Dislocations
- Shoulder injuries
- Leg and knee injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Electrocution
- Head and neck injuries
- Cancer and other diseases
- Organ damage
- Amputations and loss of limbs
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
You should always seek medical attention quickly after any type of accident. Your medical records will provide critical evidence if you later decide to take legal action.
We Handle All Types of Product Liability Claims in Tampa
At Mincone Personal Injury Lawyers, we have the tools to handle any type of product liability case.
Some examples of products that may cause injuries include:
- Children’s toys, cribs, furniture, or car seats
- Electronics
- Cars, motorcycles, trucks, and other vehicles
- Airbags or seat belts
- Prescription drugs
- Over-the-counter drugs
- Medical devices
- Pools and pool equipment
- Kitchen appliances and other household products
- Tools
- Construction equipment and machinery
- Electronic cigarettes and vaping devices
- Lighters
- Batteries
Contact our Tampa product liability attorneys today if you were injured using a consumer product. We’ll evaluate your case for free and help you understand your legal options for recovering financial compensation.
How Long Do I Have to File a Lawsuit for Damages After a Dangerous Product Injures Me in Florida?
In Florida, the statute of limitations is two years in most personal injury cases. If you fail to file a personal injury lawsuit within two years of the injury, you generally forfeit your right to compensation.
Exceptions do exist. For example, if you didn’t learn about the harm you suffered for some time, the two-year clock starts to run when you knew or reasonably should have known, about the damage. This discovery rule is often an issue in cases where a victim develops an illness or condition over time.
Contact a Tampa Product Liability Lawyer for a Free Consultation Today
If you were injured using a dangerous and defective consumer product, call Mincone Personal Injury Lawyers. An experienced Tampa product liability lawyer can help you understand your legal rights and options–and fight for every dollar you deserve.