Product Liability Attorney Miami

Buying a product typically entails safe usage as it will describe potential hazards and instructions on it's labels. However, there are sometimes assembling failures and this can lead to accidents. Product Liability attorneys can assist you in creating a case regarding defective products that have hurt you or a loved one. At Gallardo Law Firm, our attorneys dedicate themselves to creating the strongest case possible for you by identifying responsible parties and preserving evidence.

What is Product Liability?

Product Liability is the act of holding a seller liable for selling a defective or hazardous product to the public. You can sue companies or manufacturers for this product if you or anyone you know bought it. The responsibility extends to component manufacturers, assembling manufacturers, wholesalers and the retail store owners who distributed the product. Everyone involved in the process of creating and selling the product can be found responsible so it is important to study the details of the case closely.

Types of Product Defects leading to Injuries

• Manufacturing defects are issues with the production of the item, which then causes it to fail at its function. This is usually a failure of the producer not following the intended design of the product.
• Design defect is when the design of a product is already dangerous in its design before it has reached the production stage. Sometimes product plans overlook possible dangers for its users.
• Failure to Warn is when manufacturers fail to warn or provide appropriate information about a product's risks to the public. This allows for dangerous and inadequate use of the product that can lead to injury.
• Warning Labels- is when a product has unclear or missing warning labels for its safe use for customers. Missing warning labels can cause users to be unaware of possible hazards that can be caused by the product.

Claims that our Product Liability Attorneys handle

• Product liability based on negligence
  Distributors, manufacturers and suppliers have a responsibility to provide safe products and liability law requires reasonable care which protects customers from injury. If a product has mistakes in its production or failure to warn customers of the dangers of a product, there can be a negligence claim filed against the parties involved in it's distribution.
• Strict Product Liability
  is the concept that focuses solely on the defectiveness of the product in order for the victims to receive compensation without having to prove there was negligence or intentional wrongdoing.
• Product Warranty Violations
  These violations represent the inability of a company to provide a proper warning of the dangers of a product through normal or future misuse. It can also represent unclear or inaccurate instructions for the product.

Elements involved in a product liability claim

Proving that you have suffered injury or loss

To pursue a product liability claim you must prove that you have suffered an injury and you can provide evidence of this through use of medical bills, witness testimonies, records of lost earnings and possible future income loss due to your injury.

Proving the existence of a defective product

You would provide evidence of the defective products with things such as it's assembly instructions and warning labels. You should also try to gather documentation such as proof of purchase and other evidence that prove how it was used and any modifications that were done after purchase if there were any.

Proving that a defective product caused your injury

You can prove that you were injured as a result of a defective product by proving that the product was used as directed on the label and that the victim wasn't aware of its hazard before using it. This places responsibility on the manufacturer instead of the person who used it.

Seller or manufacturer’s duty

It is the sellers and manufacturers duty to ensure that the product they are distributing is safe to use in the way that is directed. It extends to all parties involved in it its sale.

When Is a Class Action Lawsuit Appropriate?

A class action liability is more appropriate in cases where there have been injuries or damages that could be considered too small for an individual lawsuit. This provides more opportunities for victims to recover their damages from bigger companies with dangerous products.

Joining a class action lawsuit may be appropriate when the cost of an individual lawsuit could exceed the amount the victim would receive as compensation. A class action lawsuit typically does not proceed if the consumers have suffered serious injuries or if these injuries differ from one another.

Our team will focus on the small details of your injuries and damages in order to establish the correct lawsuit for you.

What Damages Can a Product Liability Attorney Miami Help Me Recover in a Lawsuit?

Only Product Liability lawyers can secure fair compensation depending on your loss. How? Once your lawyer determines under which cause of action to proceed and you have included all the involved parties as possible defendants, a process will begin that, if it ends favorably, could make you eligible for full or partial compensation for the damages.

A Miami product liability attorney can assist you in creating a case so that you can recover damages. This includes an extensive list of things you can receive compensation for such as medical care, loss of capacity to earn, lost wages, and even non economic damages such as pain and suffering.

There are numerous cases involving defective toys, tools, medications, clothing, motor vehicles, and heavy machinery, among others. Suppose you or a family member has been injured, burned, wounded, broken a bone, lost money, or had an accident related to the use of a defective, damaged, incomplete product, or one that did not present appropriate warnings of potential risks. In that case, that is sufficient reason to contact our injury lawyers and initiate a claim.

Contact Gallardo Law Firm in Defective Products Cases

We understand how frustrating it can be to buy a defective product. If you or someone you know have bought a defective product and would like to start your product liability suit, contact us today for a consultation. We will investigate the damages and product's issues thoroughly and allow you to receive the results you deserve. You can contact us at our Miami or Hialeah offices or call us at (305) 261-7000