When you purchase something, whether a hairdryer or an office copier, you expect a certain standard of quality. Electrical appliances should not catch fire, plastic toys should not grow mold in unreachable areas, and kitchen products should not leach carcinogens into your food. When product manufacturers design, manufacture, or market unsafe goods, they are strictly liable for the consequences in the state of Florida.
If you or a loved one suffered an illness or injury as the result of an unsafe product in Tampa, Florida, you have the right to take legal action against those responsible. At Fiol Law Group, our Tampa Bay product liability attorney represents consumers who experience serious, preventable, life-altering problems after purchasing dangerous and defective products.
Product Liability Laws in Florida
In Florida, manufacturers must adhere to a standard of strict liability. Regardless of intent, a manufacturer, retailer, or distributor may face responsibility for the design, manufacture, marketing, or installation/assembly of a defective or dangerous product. Negligence often plays a role in these claims, but it will not determine the outcome of a case. At Fiol Law Group, we also represent individuals who suffered losses in breach of warranty claims.
The court will also evaluate contributory negligence in these claims. If an injured individual used a product in a clearly unintended manner, he or she may not recover the full amount of compensation available.
Product liability laws in Florida are complex. Attorneys who accept product liability claims need to be more than knowledge of applicable laws. They must also understand how small and large product manufacturers approach claims. At Fiol Law Group, our team is small enough to provide personalized service but large enough to level the playing field against corporate defense attorneys. We have the resources and the dedication needed to negotiate fair settlements and pursue trial judgments to protect our clients’ rights.
Areas of Focus
Product liability claims may include consumer products, industrial machinery, dangerous drugs, automotive defects, and more. Fiol Law Group handles a variety of claims on a regular basis. Two of the most common claims we see in our office include defective household products and children’s products.
Defective Household Products
Look around your home. Unless you made the product yourself, manufactured products likely surround you. Most products are safe and will never malfunction or cause serious injuries. Some, however, will unexpectedly contribute to burns, electrical shocks, lacerations, head trauma, suffocation, or other serious injuries. Some of these preventable incidents will change someone’s quality of life, while others will take that life away.
If a treadmill glitches, ramping up to top speed and throwing you off; a dryer catches on fire; or plugging a television into the wall sends an electrical charge through someone, you may want to speak to a product liability attorney in Tampa about filing a claim against the manufacturer. These incidents should never occur under typical and reasonable product use.
When clients come to Fiol Law Group with accounts of defective household products, we begin work right away. To protect your right to file a claim, never throw away a defective product after it causes an injury. Keep it, receipts (if available), and documentation for the investigation. Without the product itself, proving liability becomes more difficult.
If you altered the product in any way or used it in an unintended manner, you could lose your right to file a product liability claim. Always consult with an attorney before making a decision about taking action. The severity of the injury, the situation, and the product itself will all affect your ability to seek action against those responsible.
Children’s products including toys, soaps and lotions, cribs, car seats, and sippy cups that cause harm can put your child at risk of immediate and long term danger. In recent years, the media covered hoverboard toys, some sippy cups, drawers, and several cribs that contributed to child injuries or death.
All product manufacturers must consider the reasonable level of safety for the end user – not just the average adult. For children’s products, this means using recognized safe materials and testing products to determine the risks of choking, burns, suffocation, and more. When product designers and manufacturers fail to do their due diligence before placing a product on the market, they face strict liability for resulting damages.
If your child suffered a preventable injury or illness as the result of a product, come to the product liability attorneys at Fiol Law Group in Tampa, FL. Since 2002, our dedicated attorneys have fought relentlessly to protect the rights of parents and children harmed in defective product cases. We know the devastation that often comes with child injuries, and we will pursue your claim to the full extent of the law. Manufacturers that cut corners out of greed or carelessness must pay for their actions.
A civil claim can provide financial compensation as well as a sense of justice. After experiencing a defective children’s product injury, contact us for a free case evaluation. We will help you find closure, begin the path to recovery, and fight to prevent other families from enduring the same heartache and pain.
Our Approach to Product Liability
At Fiol Law Group, our highly trained defective products attorneys, paralegals, and assistants have dedicated their careers to fighting for those injured in preventable incidents. In product liability cases, manufacturers, sellers, and distributors have no excuse for allowing a dangerous or defective product on store shelves. We pursue these cases relentlessly to obtain justice for our clients and their families.
You can contact our office in Tampa, FL around the clock, any day of the week, and speak with a qualified legal professional about your case. We’re here to help you make an informed decision about pursuing a claim.
As your legal representatives, our team can meet you in the hospital or at home, if needed. We can help you find qualified medical support, negotiate with insurers, and help you understand employment issues as you recuperate. Our job is to ensure you reach maximum physical, financial, and emotional recovery after preventable incidents. At Fiol Law Group, our attorneys are friendly, accessible, and experienced. Count on us to walk you through every step of the legal process for peace of mind and justice.
Proving Product Liability Claims
After a defective product injury, take the following steps:
- Seek medical support. Tell the attending physician about what happened and keep all records of your visit to the care facility. In a product liability claim, you may obtain compensation to cover all medical expenses, including the cost of transportation, prescriptions, and rehabilitation therapy.
- Do not throw away the product. Even if the product was irreparably damaged during the incident, take pictures of the product and keep it in a secure location. The physical evidence will help our team understand the defect or dangerous nature of the product and prove your claim.
- Do not assume that a disclaimer or warning will prevent you from taking action. Many brands include warnings and disclaimers to protect themselves in liability claims, but these warnings do not always eliminate liability.
- Talk to a product liability attorney. If your injury was severe, keeps you out of work for a long period of time, causes chronic pain, or results in death, reach out to a product liability attorney. An attorney will help you understand your legal options and guide you through the claims process.
After your initial consultation, a Fiol Law Group attorney in Tampa, FL will begin building your case. To hold a manufacturer, retailer, or distributor responsible for your injuries, we will:
- Evaluate all your losses. To file a claim, we must prove that your injury and/or losses were the proximal result of the product defect. We will consider losses including the injury itself, time out of work, future work capabilities, pain and suffering, and loss of quality of life.
- Determine the defect or product hazard. Our firm has access to a network of experts who will help us determine if the design, manufacturing process, or marketing approach resulted in your injury or illness.
- Investigate the situation. To hold a company liable for your injuries, we must also prove that you were using the product in a reasonable manner. We will help you understand the nuances of this stipulation so we can build a strong claim for your losses.
Product manufacturers, distributors, and retailers have incredible resources at their disposal. Many expect product liability claims, and take preventive measures to protect themselves. At Fiol Law Group, we have the experience and resources to go toe-to-toe with even the largest product brands. You can trust us to protect your rights in the state of Florida.
Contact a Tampa Product Liability Attorney
At Fiol Law Group, we’re a boutique firm with a large law mentality. We accept a limited number of cases each year so we can focus on providing each client with our full attention. If you, your child, or another loved one suffered an injury in a defective product incident, don’t wait to reach out for help. In Florida, you must file a product liability claim within four years of discovering the injury. After that time, you may lose your ability to pursue legal action.
Our firm operates on a contingency fee basis. Unless and until we secure compensation for you, you will not owe any attorney fees. When you contact us for a free case evaluation, we’ll help you understand more about our fee structure and the timeline for pursuing a claim. For product liability claims in Tampa, FL, contact the bilingual attorneys at Fiol Law Group.