As we enter the 21st Century, the United States remains a nation of consumers. We Americans consume more goods than any other nation on Earth. Domestic and international manufacturers inundate our communities with all kinds of products. From cars to pharmaceuticals, and medical devices to imported Chinese drywall, Floridians rely on the manufacturers, distributors and retailers to safely design, produce, and market the things we buy. But when that doesn't happen, and serious accidents ensue, immediately consult with a Pembroke Pines, Davie or Plantation product liability attorney to help determine your best next steps.

In cases involving dangerous products there is good news and bad news. The good news is that Florida law mandates that each person or entity that designs, manufactures, or sells a product is considered to be in “the stream of commerce” and is therefore independently responsible for the damages caused by that product. This is particularly helpful in cases in which the manufacturer is a foreign entity.

Personal Injury & Insurance Disputes

For example, a retailer in Davie, Permbroke Pines or Plantation like Walmart that sells a defective and dangerous child’s toy that has unforgivable counts of lead and which is manufactured in China is fully and completely responsible for any injuries and damages that the toy causes to residents. Even though Walmart may have purchased that toy from a national distributor who, in turn, may have purchased that toy from an international wholesaler, who, in turn, may have purchased that toy directly from the manufacturer in China, Walmart is held “strictly liable” to compensate the victim for his or her injuries and damages. This is the good news.

The bad news is that all too often those standards that are issued by the Consumer Product Safety Commission or the Food and Drug Administration are ignored by the manufacturer. Even worse, there are some companies that actually meet the guidelines but those guidelines are so inadequate that they truly do not protect the consumer from the danger. This is often true in cases in which a vehicle meets or even exceeds the very basic federal standards related to rollover prevention and stability control but catastrophic injuries occur because the physics involved in such an event are so overwhelming that the minimal standards simply are not stringent enough to ensure safety.

At The Ellsley Law Firm, our Plantation personal injury lawyers consult with former industry insiders and utilize corporate documents to show not simply that those companies in the stream of commerce actually knew how dangerous the product they sold was, but that the leaders of those companies callously promoted the product to as many consumers as possible simply to increase the bottom line and enrich shareholders.

Our Davie, Pembroke Pines and Plantation defective product attorney ensure that your rights are protected. Call us now to discuss your product liability case.



PRODUCT LIABILITY FAQs

What's my deadline to file a product liability suit in Florida?

According to Florida Statute 95.11, the statute of limitations for defective product cases in Plantation and elsewhere in Florida is four years. This means a lawsuit must be filed within four years of the date of your accident.

Who is liable for my injuries from a defective product?

While this is unique to each individual case, any number of parties who participated in the chain of distribution could potentially be held liable. This includes manufacturers, retailers, wholesalers and distributors. A defective product lawsuit could even include companies that made specific parts for the malfunctioned item.

How much does a product liability lawyer near me cost?

In Plantation, Davie, Pembroke Pines and throughout Florida, product liability cases are typically taken on contingency, meaning you pay nothing unless your attorney wins in court or negotiates a settlement that is satisfactory to his or her clients.