Defective Products and Product Liability Florida Personal Injury FAQs

If you have found this page, chances are you or someone you love has been hurt by a defective product. You are probably feeling confused, scared, and unsure of what to do next. That is normal. It can feel overwhelming when something you trusted ends up hurting you. We want you to know that you are not alone. Here at our firm, we truly understand what you are going through and are here to guide you every step of the way. We know how important it is to have someone on your side who can help make this easier and help you fight for the justice you deserve.

What is a Defective Product

A defective product is something that does not work the way it should and ends up causing harm. This can be anything you buy like a car, a toy, a household appliance, or even medicine. If a product has a problem with how it was made, designed, or labeled, and you get hurt because of it, you may have what is called a product liability case. That means the people who made, sold, or designed the product may be responsible for your injury.

Types of Product Defects

There are three main ways a product can be defective. First, there are design defects. That means something was wrong with the way the product was planned from the very beginning. It was dangerous even before it was made. Second, there are manufacturing defects. This happens when a product is designed safely but something goes wrong while it is being made. Maybe the wrong material was used or a piece was left out. Third, there are marketing defects. These happen when a company does not give the right warnings or instructions with the product, and someone gets hurt because of it.

Who Can Be Held Responsible

When you get hurt by a defective product, there are several people or companies who may be responsible. This could include the manufacturer who made the product, the company that sold it, or even the company that designed it. Sometimes there are many people involved in getting a product to the shelves, and each one has a responsibility to make sure it is safe. If they fail in that responsibility and you get hurt, they may owe you compensation.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What You Should Do After Getting Hurt by a Defective Product

If you have been hurt, the first thing you should do is get medical care. Your health is the most important thing. After that, try to keep the product if you can. Do not throw it away or fix it. It can be important evidence later. Take pictures of the product, your injuries, and anything else that might help show what happened. Keep any receipts, instructions, or packaging that came with the product. Then reach out to a personal injury lawyer who understands product liability cases in Florida. It is important to have someone who can stand up for you and help you through the legal process.

How Long You Have to File a Claim in Florida

In Florida, you have a limited time to file a lawsuit if you have been hurt by a defective product. This is called the statute of limitations. For most personal injury cases in Florida, you have four years from the date of the injury to file a lawsuit. If you miss this deadline, you may not be able to get any compensation at all. That is why it is so important to talk to a lawyer as soon as possible after you are hurt.

What You May Be Able to Recover

When you win a product liability case, you may be able to recover money to help with the costs and losses you have had because of your injury. This can include medical bills, future medical care, lost wages if you missed work, pain and suffering, and even the loss of enjoyment of life. Every case is different, and the amount you can recover will depend on your injuries and how they have affected your life.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Do You Have to Prove Someone Was Careless

One thing that is different about product liability cases is that you do not always have to prove someone was careless, also called negligence. In many cases, you only have to show that the product was defective and that the defect caused your injury. This is called strict liability. It can make it a little easier to win your case, but you still need strong evidence to show what went wrong and how it hurt you.

How a Lawyer Can Help You With a Defective Product Case

A personal injury lawyer can do a lot to help you if you were hurt by a defective product. They can investigate what happened, gather evidence, talk to witnesses, work with experts, and negotiate with insurance companies. They can also file a lawsuit and fight for you in court if needed. Having a lawyer on your side can help make sure you are treated fairly and that you have the best chance of getting the money you deserve.

What Happens During a Product Liability Case

After you hire a lawyer, they will start by investigating your case. They will look at the product, talk to witnesses, and gather medical records. They may work with engineers or other professionals who can explain why the product was dangerous. Your lawyer will then try to negotiate a settlement with the insurance company or the company responsible. If a fair settlement cannot be reached, your lawyer may file a lawsuit and take the case to court. Most cases settle before going to trial, but if your case does go to trial, your lawyer will fight for you in front of a judge or jury.

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Common Defective Products in Florida Cases

There are many different types of products that can be defective. Some of the most common ones include cars and car parts like airbags and brakes, children’s toys that break or have small parts that can be swallowed, household appliances that catch fire, medical devices that fail inside the body, and prescription drugs that cause harmful side effects. No matter what kind of product hurt you, if it was defective, you may have a case.

Why It Is Important to Act Quickly

Waiting too long to talk to a lawyer can hurt your case. Over time, evidence can be lost, and witnesses can forget what happened. The longer you wait, the harder it can be to prove your case. Also, remember that there is a deadline to file your lawsuit. Reaching out to a lawyer as soon as you can helps protect your rights and gives you the best chance of getting a good outcome.

You Are Not Alone in This Fight

Being hurt by a defective product can turn your life upside down. You may be dealing with pain, medical bills, lost income, and a lot of stress. It is easy to feel like you are all alone. But you do not have to go through this by yourself. Help is available, and you have the right to fight for justice.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Let Serrano Law Stand By Your Side

If you or someone you love has been hurt by a defective product, Serrano Law is ready to stand with you. We are here to listen, to understand your story, and to fight for the justice and compensation you deserve. You do not have to figure this out alone. Contact Serrano Law today to schedule your free consultation. Let us help you move forward with strength and confidence.

To learn more about this subject click here: Wrongful Death Claims Involving Product Liability in Pasco County, FL