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Buying something off of a store shelf or through an online retailer seemingly comes with a guarantee that whatever product you purchased is reasonably safe to use for its intended purpose. For the most part, product manufacturers fulfill that implicit guarantee without any issues. However, when they do not and instead release products for sale to the public with dangerous and sometimes even deadly problems, innocent people may end up getting hurt.
If something you recently purchased was unreasonably hazardous in a way that directly led to you sustaining physical harm, scheduling a meeting with a seasoned personal injury attorney might be wise. The manufacturer of the product that harmed you may owe you substantial civil compensation for your damages. Support from a Cocoa defective products lawyer is vital to proactively pursuing the money you deserve. Reach out to our team today to learn more about how we can put our over 30 years of experience to work for you.
While it is possible to hold product makers liable for injuries based on a theory of negligence, it is generally easier and more effective to build cases like this around a theory of strict liability instead. Put simply, a person injured by an unreasonably dangerous product can potentially hold the manufacturer liable for their damages without having to prove they were reckless or careless in a specific way. This is provided, however, that the injured person can establish that a few key facts are true about their case.
There must have been a legally actionable “defect” in the product. This typically means there is a problem with the product’s fundamental design, an error made during manufacture or assembly, or a failure by the manufacturer to notify consumers of all risks associated with proper use. Additionally, that defect must have been present in the specified product when it left its maker’s direct control. This condition must not have substantially changed between that point and when the injured plaintiff first possessed it.
Finally, the specified defect must have been the direct and primary cause of the plaintiff’s injuries, and the individual must have been using the product in a reasonable way when they got hurt. Our Cocoa product liability attorneys have previous experience representing large corporations and can apply their prior inside knowledge to advocate tenaciously on behalf of injured parties.
Like other personal injury claims, people intending to pursue civil action for defective products in Florida generally must do so within four years of sustaining harm to comply with the statute of limitations. However, there is another deadline—the statute of repose—which applies specifically to product liability claims and is based on the product’s expected shelf life.
Under Florida Statute § 95.031, anyone who purchases a defective product with an expected shelf life of 10 or fewer years cannot sue over an injury caused by an actionable defect if that product is over 12 years old. A defective products attorney in Cocoa can ensure the proper timeliness in assembling evidence and filing claims to put injured individuals in the best position to successfully recover compensation for their losses.
Filing suit over a dangerously broken or defective product can be particularly challenging, even by the standards of other personal injury cases. Without professional legal guidance, you may have slim chances of obtaining any compensation at all, let alone a fair amount for all your past and future losses.
Working with a seasoned Cocoa defective products lawyer is key to tipping the odds of a favorable case outcome back in your favor. Our attorneys have experience in trial and are not afraid to go up against large manufacturers or companies on your behalf. Call today for a consultation.
