Florida residents buy products under the assumption that these items will benefit them in one way or another. The vast majority of products on the market are completely safe, but there are some that fail to provide their stated use because of a defect or manufacturing error. Sometimes the remedy to this issue is as simple as returning it for a new one, no harm, no foul. However, at other times, these defects can lead to serious injuries.
When an injury occurs, the individual who purchased or used the product has the legal right to pursue legal action against the company or manufacturer who developed the dangerous item. All of the costs related to your injuries are eligible as damages in litigation. These damages can be attained through the help of a qualified and experienced personal injury attorney in Florida.
As a consumer, you should not have to worry about the dangers of the products you buy. When injuries are the result of negligence or product defects, the legal process must begin right away. With the right lawyer at your side, you can feel confident and secure in your ability to prove wrongdoing and demand compensation.
Our firm is committed to providing a voice for individuals and families who would not otherwise be able to effectively pursue legal action against the companies, manufacturers, and distributors of defective products. With a stable of attorneys, corporations will do everything in their power to protect their bottom line. We are here to make certain that you are not taken advantage of and given every opportunity to show how these negligent parties caused the costly injuries.
Working on a contingency basis, we will only ask for attorney fees if we win your case. Our interests are directly aligned with yours and we can be trusted to produce a comprehensive strategy that places you in a strong position to win your case and receive damages.
We proudly represent individuals and families throughout Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County. This includes the communities of Melbourne, Palm Bay, Rockledge, Titusville, Vero Beach, West Melbourne, Port St. Lucie, Satellite Beach, and Cocoa beach.
The Law Offices of James B. Coulter offers free consultations to anyone who believes they have a valid product liability claim. To set up a time to speak with our attorney and go over your legal options, contact us at (321) 586-9944 or send an online message. Please do not wait, if you think you might have been the victim of a defective product, contact us before the statute of limitations runs and your opportunity to explore your legal options becomes null and void.
As a nation of consumers, countless different types of products surround us. The manufacturers and businesses that develop and distribute these products have the obligation to keep their consumers safe from health risks, whether the products are toys, medical devices or auto parts. When they fail to do so, consumers have the right to sue for damages. Some of the most common types of product liability include:
Auto Recalls – Cars or specific parts on those cars are commonly recalled for defect issues. There are many places on the internet (particularly the manufacturer website) where you can check on recalls.
Design Defects - A design defect claim can be brought against a manufacturer that alleges the product’s design or some aspect of the product is defective and dangerous. Design defects commonly focus on the entire line of the product and not simply the product that actually injured the person
Manufacturing Defects – When a specific product was not manufactured or put together as designed, and consequently injures someone, a manufacturing defect claim can be pursued.
Warning Defects - When the product in question does not have adequate warning labels showing that customers have to practice caution when there is a health risk, the manufacturer or company that developed the labeling or packaging, can be sued.
Baby Toy Defects – Babies could care less how dangerous a product may be. They will likely just try to put said product in their mouth. Considering this, baby toy defects can be devastating if caution is not used.
Packaged Food Recalls - Food can bring about many health issues if that food is packaged in an unsafe manner. Manufacturers and packagers are responsible for making certain the food is safe.
Medicine Recalls – Some of the most common and numerous of recalls, medicine, and pharmaceuticals are constantly being yanked from the market. Even with FDA approval, some drugs are found to be dangerous years later, making the health issue regarding pharmaceuticals a serious one.
When approaching a product liability case, it is also beneficial to understand the theories of this type of liability. There are three main theories, each of which presents different ways the offending business or manufacturer could be held liable.
Strict Liability – Under this liability, a manufacturer is liable for a defective product (even if they did not perform acts of negligence) as a social responsibility to the broader market.
Negligence – In this theory, the plaintiff must show proof that their injury was due to a breach of the company's duty to consumers.
Breach of Warranty – This occurs when the written or verbal warranty that a company expresses does not meet the common expectations of the consumer.
In order to prove a specific type of product liability described above, you must be able to demonstrate the following elements:
Product Recalls – Clicking on this link will send you to the primary recall center for the United States government. It provides recall information on consumer products, autos, boats, food, medicine, cosmetics and environmental products. You can search for recalls, look up recent recalls and sign up for e-mail recall alerts
Consumer Safety – This link will send you to the main Consumer Safety page for the United States Consumer Product Safety Commission. The commission was established to protect the public from unreasonable risks of injury or death from consumer products.
Consumers Union – Product Safety – This site offers information on various types of products and the safety procedures required. This includes resources on amusement park safety, automobiles and SUVs, children's products, household and office products and recreation and fitness products.
If you or a loved one has been injured because of a product defect, you may be eligible for compensation in the form of damages. Deeply committed to protecting your legal rights during a process that can silence those without the resources to pursue payment, we will make certain your voice is heard and that the negligent party is held accountable for their actions.
Our firm handles every element of your case, from the gathering of evidence and the valuing of your injuries to mediation and, if necessary, trial. We are more than willing to argue for you in court if a favorable settlement is not reached beforehand. With years of prior experience and strong results, we are extremely confident in our ability to provide excellent legal counsel.
Our firm works with individuals and families throughout Central and Eastern Florida, including the cities of Viera, Cocoa Beach, Merritt Islands, Titusville, Cape Canaveral, Orlando, Winter Park, Maitland, Belle Island, Deltona, Daytona Beach, Sanford, Winter Springs, Altamonte Springs, Vero Beach, Kissimmee and Saint Cloud, among many others. To schedule a free consultation to discuss your case with our attorney, please call The Law Offices of James B. Coulter or send an online message today.