Our Experienced Product Liability Attorneys Seek Financial Compensation for Injury Victims in Miami, Florida
Dangerous and defective products cause thousands of serious injuries and deaths each year. Unfortunately, some manufacturers place more of a priority on profit than safety. Product liability laws are in place to protect consumers. If you’ve been injured by a dangerous or defective product, our experienced product liability attorneys in Miami, Florida, are here to help you seek financial compensation to support your recovery.
Product liability cases in Miami involve complex legal issues surrounding defective products and accidents. A product injury may have been caused by a design defect, a failure to warn of danger, or a manufacturing defect. Our Miami product liability attorneys walk injury victims and their families through the intricacies of proving legal liability and pursuing insurance claims to seek money to cover medical expenses, support ongoing rehabilitation or therapy, and account for subjective losses like pain and suffering.
Legislatures, lobbyists, and agencies in charge of product safety seem to take steps to protect manufacturers from being held accountable for dangerous products. This underscores the need to enlist a skilled legal team to fight for your interests. If you have been injured by a product, a South Florida dangerous product attorney at Ward Ruddock can guide you to seek money for your recovery and your future.
Contact us today through our online form or call us at (305) 390-4259(305) 390-4259 to schedule a FREE, no-obligation consultation and discuss your legal options. Your Miami, Florida product liability claim can significantly affect your future, and we provide tailored guidance to seek your recovery. We want to be Your Attorneys For Life.
Key Takeaways
- Ward Ruddock’s product liability attorneys in Miami help injury victims seek compensation for injuries caused by defective products
- Florida’s product liability laws hold manufacturers accountable for injuries caused by their defective products
- Preserving evidence and seeking immediate medical attention are priorities when pursuing product liability cases
- Claim values depend on factors like injury severity, medical expenses, and lost wages
- The Attorneys at Ward Ruddock work on a contingency fee basis, which means clients only pay if the law firm wins money for them in their case
- Ward Ruddock offers free consultations in Miami to assess the strength and monetary value of product liability claims
Common Injuries from Defective Products in Miami, Florida
Defective products in Miami, Florida can cause various injuries, often leading to a product liability lawsuit. Our attorneys at Ward Ruddock can guide you during a free case evaluation assessing the details of your case, including each of the injuries and losses you or your loved one suffered.
Common physical injuries from defective or dangerous products include:
- Burns
- Lacerations (Cuts and Scrapes)
- Fractures (Broken Bones)
- Loss of Limb (Injuries Requiring Amputation)
- Spinal Cord Injury (SCI)
- Traumatic Brain Injury (TBI)
- Electrocution
- Eye Injuries (Loss of Vision)
- Ear Injuries (Loss of Hearing)
- Disfigurement
- Fatal Injuries (Wrongful Death claim)
The losses and expenses from these incidents and the physical harm they cause are often extensive. Our experienced product liability lawyers at Ward Ruddock account for the full scope of these losses and expenses among damages in product liability claims. We can help you identify each of the losses and expenses, determine what your case is worth, and collect evidence to support your claim during a free consultation with our Miami, Florida personal injury lawyers.
Many times, these injuries are from malfunctioning household appliances or tools. These incidents often require immediate medical treatment and may lead to long-term medical expenses.
Faulty vehicles and auto parts are frequent sources of product liability claims. Accidents caused by defective brakes, failing airbags, or faulty tires can lead to severe injuries such as whiplash, traumatic brain injuries (TBI), and spinal cord damage.
Toxic exposure from defective chemicals or contaminated food products can cause serious health issues. These cases often involve complex tort law and may require extensive medical evidence.
Product liability insurance helps manufacturers compensate victims for medical bills, lost wages, and pain and suffering due to injuries from defective or dangerous products. The level of coverage in the company’s insurance policy can affect your eventual settlement amount. During your free consultation, we can explore the factors affecting your claim and estimate the value of your case.
Our Miami attorneys at Ward Ruddock can help you seek compensation for a product injury you have suffered under the following types of scenarios and more:
| Product Type | Common Injuries | Common Legal Considerations |
| Household Appliances | Burns, Lacerations, Fractures | Manufacturer Liability, Design Defects |
| Vehicles and Auto Parts | Whiplash, Brain Injuries, Spinal Cord Damage | Manufacturing Defects, Failure to Warn |
| Chemicals and Food Products | Toxic Exposure, Poisoning | Strict Liability, Negligence |
Causes and Scenarios for Defective Product Injuries in Miami
Defective products in Miami, Florida often occur due to manufacturing errors or design flaws. Consumers may encounter faulty electrical appliances, contaminated food items, faulty medical devices, unsafe medication, or unsafe vehicles that pose serious risks. These issues can lead to injuries ranging from minor burns to severe trauma.
Product misuse or inadequate warning labels can also contribute to injuries in Miami. Manufacturers have a duty to provide clear instructions and safety warnings. When a manufacturer fails to do so, consumers may unknowingly put themselves at risk. At Ward Ruddock, our product liability attorneys in Miami work to establish negligence in each of these types of cases:
| Cause | Example Scenario | Potential Injuries |
| Manufacturing Defect | Faulty brake system in a car | Whiplash, fractures |
| Design Flaw | Unstable furniture prone to tipping | Crush injuries, concussions |
| Inadequate Warnings | Lack of proper labels on chemicals | Burns, respiratory issues |
Common Factors or Issues in Products that Cause Injuries
These issues can lead to serious injuries and require the skill set of an experienced Miami defective product lawyer.
Strict liability principles apply in many product liability cases, holding manufacturers responsible regardless of fault. Miami product liability attorneys work to establish negligence and seek compensation for victims.
Some common factors that may lead to injuries include:
- Faulty electrical components
- Contaminated food products
- Malfunctioning products
- Faulty motor vehicles or auto parts
- Vulnerable types of products
- Unreasonably dangerous products
- Use of substandard materials in manufacturing
- Design flaws that compromise product safety
- Quality control failures during production
From faulty motor vehicle components involving brake failure or defective seat belts or airbags to unsafe foods or drugs subject to product recall or dangerous products for which the company failed to uphold its duty to warn the customer, our product injury attorney team at Ward Ruddock can help you address the specific burden of proof for your specific situation.
Understanding Product Liability Claims in Miami, Florida
Our Miami product liability attorneys at Ward Ruddock handle cases involving defective products that cause injuries to consumers. Each state has its own set of rules for product liability claims. In Florida, there are complex laws surrounding manufacturer responsibility and consumer protection.
Product liability claims in Miami may involve proving fault under one of the following three alternative theories:
- Negligence: Focuses on the defendant’s failure to act with reasonable care.
- Strict Liability: Focuses on the defect in the product, regardless of the defendant’s conduct.
- Breach of Warranty: Focuses on the failure of the product to meet the terms of its warranty.
Negligence, Strict Liability, and Breach of Warranty are three separate alternative legal theories for pursuing a product liability claim. They are not subsets of one another. Manufacturing Errors, Design Flaws, and Failure to Warn can apply under all three theories, but the specific requirements differ, and they each have distinct applications.
Our Miami defective product attorneys at Ward Ruddock can help you determine the appropriate legal theory for your product liability claim during your free consultation.
Negligence as a Basis for Product Liability Claims in Florida
To prove negligence in a product liability claim, the plaintiff must show that the defendant failed to exercise reasonable care in the design, manufacturing, or marketing of the product. This legal theory of product liability focuses on the defendant’s conduct.
Requirements to Prove Negligence as the Basis of a Product Liability Claim in Miami, Florida
The following are the requirements to prove negligence as the basis for a product liability claim in Florida:
- Establish a Duty of Care: The plaintiff must show that the manufacturer, distributor, or seller had a legal obligation to produce or sell a product that is reasonably safe for its intended use.
- Prove a Breach of Duty: The plaintiff must demonstrate that the defendant failed to meet the standard of care expected in the design, manufacturing, or marketing of the product. Examples include inadequate product testing, poor maintenance of manufacturing equipment, or failure to provide proper warnings.
- Show Causation: The plaintiff must link the breach of duty directly to the injury. This involves proving that the defect or negligence was the proximate cause of the harm, meaning the injury would not have occurred without the defendant’s actions or inactions.
- Demonstrate Damages: The plaintiff must provide evidence of actual harm, such as physical injuries, property damage, or financial losses, due to the defective product.
Where Manufacturing Errors, Design Flaws, and Failure to Warn fit under the Negligence Theory
Under a Negligence theory to prove product liability, the following errors or flaws may apply:
- Manufacturing Errors: These occur when a product deviates from its intended design due to mistakes during production. Negligence applies if the manufacturer failed to maintain proper quality control.
- Design Flaws: These involve inherent risks in the product’s design. Negligence applies if the designer failed to consider safer alternatives.
- Failure to Warn: This applies when the manufacturer or seller did not provide adequate instructions or warnings about potential risks. Negligence applies if the lack of warnings was unreasonable.
Strict Liability as a Basis for Product Liability Claims in Miami, Florida
Strict liability focuses on the product itself rather than the defendant’s conduct. The plaintiff does not need to prove negligence but must show that the product was defective and caused harm.
Requirements for a Strict Liability Product Liability Claim in Miami, Florida
The following are the requirements to prove strict liability in a product liability claim in Florida:
- Demonstrate a Defect in the Product: The plaintiff must show that the product had a defect. This defect can fall into one of three categories:
- Design Defect: The product’s design is inherently unsafe, even if manufactured correctly.
- Manufacturing Defect: An error occurred during production, causing the product to deviate from its intended design.
- Marketing Defect: The product lacked adequate warnings or instructions about potential risks.
- Prove the Defect Existed When the Product Left the Manufacturer’s Control: The plaintiff must establish that the defect was present at the time the product left the manufacturer, distributor, or seller. This step involves showing that the product was not altered or modified after leaving the manufacturer’s control.
- Establish a Direct Link Between the Defect and the Injury: The plaintiff must provide evidence that the defect directly caused the injury. This often requires medical records, expert testimony, or other documentation to connect the injury to the product’s defect.
- Show the Product Was Used as Intended: The plaintiff must demonstrate that they used the product in a manner consistent with its intended purpose or foreseeable use.
Types of Defects Under a Strict Liability Claim for Product Liability
The following types of defects or errors can apply in a Strict Liability claim.
- Manufacturing Errors: These occur when a product is improperly made, such as a car with a faulty brake system.
- Design Flaws: These involve unsafe designs, such as a chair prone to tipping over.
- Failure to Warn: This includes inadequate warning labels or instructions, such as a medication without side effect disclosures.
Product Misuse as a Counterargument Against a Strict Liability Claim for Product Liability
Strict liability may not apply if the plaintiff misused the product in a way that was not foreseeable by the manufacturer.
Breach of Warranty as a Basis for Product Liability Claims in Florida
Breach of Warranty focuses on the promises made by the seller or manufacturer about the product’s safety or performance. This theory can involve express or implied warranties.
Types of Warranties in a Product Liability Claim
Three types of warranties may apply to a Breach of Warranty claim in Florida:
- Express Warranty: Specific promises made about the product, such as claims in advertisements or written guarantees.
- Implied Warranty of Merchantability: The product is expected to function as a reasonable consumer would expect.
- Implied Warranty of Fitness for a Particular Purpose: The seller knows the buyer’s specific need and assures the buyer that the product will meet that need.
Requirements for a Breach of Warranty Product Liability Claim
The following are the requirements to prove a breach of warranty as the basis for a product liability claim in Florida:
- Establish the Existence of a Warranty: The plaintiff must demonstrate that a warranty existed. This can be an Express Warranty (specific promises made by the seller or manufacturer, such as written guarantees or marketing claims) or an Implied Warranty (automatically established by law, such as the warranty of merchantability or fitness for a particular purpose).
- Show the Product Did Not Meet the Terms of the Warranty: The plaintiff must prove that the product failed to perform as promised under the warranty. For example, a product that is inherently defective or unfit for its intended use breaches the implied warranty of merchantability.
- Demonstrate Harm Caused by the Breach: The plaintiff must link the product’s failure to meet the warranty terms directly to the harm suffered. This can include physical injuries, property damage, or financial losses.
- Prove Privity of Contract (if applicable): In some cases, the plaintiff must show a direct relationship (privity) with the seller or manufacturer. However, modern interpretations of Florida law may allow third parties affected by the defective product to bring claims in certain situations. Our attorneys at Ward Ruddock can assess your unique case to determine how or whether this may be applicable to your product liability claim.
Types of Defects or Errors in a Breach of Warranty Claim
Where Manufacturing Errors, Design Flaws, and Failure to Warn Fit into a Breach of Warranty Claim:
- Manufacturing Errors: These can breach the implied warranty of merchantability if the product does not function as expected.
- Design Flaws: These can breach the implied warranty of merchantability if the product is inherently unsafe.
- Failure to Warn: This can breach the implied warranty of fitness if the lack of warnings makes the product unfit for its intended purpose.
Parties that May be Liable in a Florida Product Liability Case
Product liability attorneys in Miami handle cases involving various parties who may be held responsible for defective products:
- Manufacturers are often primary defendants in these lawsuits, as they are directly responsible for the production and safety of goods.
- Retailers and distributors may also be liable if they knowingly sell defective products or fail to properly warn consumers of potential risks.
- Multiple parties can be held accountable in car-related product liability cases. These may include the vehicle manufacturer, parts suppliers, and even repair shops if faulty maintenance contributed to an accident.
- Property owners may also be liable in premises liability cases if they knowingly allowed defective products on their premises that harmed visitors or tenants.
At Ward Ruddock, our product liability attorneys in Miami often investigate the entire supply chain to identify each potentially liable party. Our thorough approach helps us seek appropriate compensation for injury victims. Our defective product lawyers can evaluate your case and begin identifying the potentially liable parties during your free consultation.
What To Do If You Have Been Injured by a Dangerous Product in Miami, Florida
Injury victims need to take important steps in coordination with their personal injury attorney in order to protect and strengthen their legal claim after being injured by a dangerous or defective product in Miami, Florida:
- Seek Immediate Medical Attention: Individuals injured by dangerous products in Miami, Florida should seek immediate medical attention and document their injuries. Visit a doctor or emergency room right away to address your injuries. Medical records from this visit will serve as evidence of the harm caused by the defective product.
- Preserve the Defective Product: Keep the product that caused the injury. Do not attempt to repair or alter it, as it serves as key evidence in your claim. Be sure to preserve the dangerous product’s packaging and instructions.
- Document the Incident: Write down all details about the incident, including the date, time, location, and circumstances. Take photos or videos of the defective product, your injuries, and the scene where the injury occurred.
- Notify the Manufacturer or Retailer: Inform the company that made or sold the product about the incident. Keep records of all communications, such as emails, letters, or phone call logs with the corporation or individuals involved throughout these interactions.
- Collect Evidence: Retain any packaging, manuals, receipts, or warranty documents related to the product. These items can help establish the product’s origin and any warranties that may apply.
- Avoid Using the Product Further: Stop using the product to prevent additional harm and to preserve its condition as evidence.
- Consult a Miami Product Liability Lawyer and Build Your Legal Strategy: Speak with a lawyer experienced in product liability cases to understand your rights and legal options. Our lawyers at Ward Ruddock can help you gather evidence, communicate with the involved parties, and represent your interests.
- Act Within the Statute of Limitations: File your claim promptly, accounting for each of these considerations above. Our attorneys at Ward Ruddock will guide you to properly file your product liability claim ahead of the deadline, according to the appropriate legal theory of product liability. In Florida, the statute of limitations (deadline) for product liability claims is generally two years from the date of injury.
Our attorneys at Ward Ruddock will guide you through each of these steps as they apply to your specific case, starting with your free consultation.
Determining the Value of a Product Liability Claim
Our product liability attorneys in Miami assess claim values based on various factors, including the severity of injuries, medical expenses, and lost wages. In some cases, class action lawsuits may affect individual claim values when multiple plaintiffs pursue a cause of action against a single defendant. Our experienced lawyers at Ward Ruddock gather comprehensive information to build strong cases for injury victims in Miami and the surrounding areas.
The value of a product liability claim often depends on the extent of the plaintiff’s damages and the strength of evidence linking the product to the injury. We consider both economic damages (specific monetary expenses, like medical bills and therapy or rehabilitation) and non-economic damages (subjective losses like pain and suffering or reduced quality of life) when determining claim worth.
Calculating claim value requires a thorough analysis of long-term impacts and potential future costs. Our Miami product liability attorneys at Ward Ruddock work with medical experts and financial analysts to quantify damages accurately, accounting for these harmful and costly effects of a product-related injury.
Factors influencing claim value can include the following and more, as applicable to your unique case:
- Severity and permanence of injuries
- Past and future medical expenses
- Lost income and earning capacity
- Pain and suffering
- Punitive damages in cases of gross negligence
Our attorneys at Ward Ruddock can estimate what your claim is worth during your free consultation.
How an Experienced Product Liability Lawyer at Ward Ruddock Can Help You in Miami, Florida
If you have been injured by a product in Miami, our experienced product liability lawyer at Ward Ruddock can help you pursue a personal injury claim in order to seek monetary compensation accounting for expenses and losses. Our free consultations and contingency fee policy make strong legal representation accessible to our community’s injury victims without upfront costs. We empower you to confidently seek appropriate financial recovery after you were harmed by a dangerous product.
- We start by reviewing the details of your case during a free consultation.
- Our contingency fee policy means our clients pay no upfront costs. When you hire us, you only pay us if we win money for you.
- We work diligently to establish the link between a product defect and the client’s injuries, expenses, and other damages, including pain and suffering.
- We investigate the circumstances surrounding the injury, gather evidence, and consult with expert witnesses to build a strong case.
- We handle negotiations with manufacturers and insurance companies on our clients’ behalf, aiming to resolve cases efficiently.
- We seek an appropriate settlement value that accounts for the full scope of harms and losses the injury victim has suffered or is expected to suffer due to the product-related injury in the past and future.
- When necessary, our experienced trial attorneys at Ward Ruddock are prepared to take cases to court to protect clients’ rights and interests.
| Service | Description | Benefit |
| Free Case Evaluation | Assess claim validity and potential value, determining the proper legal theory of product liability for case strategy | Informed decision-making for clients |
| Evidence Gathering | Collect and analyze product defect evidence | Strengthen case for liability |
| Legal Representation | Advocate for clients in negotiations and court | Maximize compensation for injuries |
Ward Ruddock’s product liability attorneys assist clients with various cases, from defective toys to faulty workplace equipment. Our experienced South Florida personal injury attorneys possess in-depth knowledge of Florida’s product liability laws, and we have a strong record of successfully representing injured clients in court. Take your first step by scheduling a free consultation.
Schedule a Free Consultation with Ward Ruddock to Discuss Your Product Liability Claim in Miami, Florida
Ward Ruddock offers free consultations for product liability claims in Miami, Florida. Victims of dangerous or defective products can discuss their case details to determine the strength and value of their claim with our experienced personal injury attorneys without any financial commitment.
Our product liability lawyers at Ward Ruddock in Miami, Florida work on a contingency fee basis to seek compensation for injury victims and protect consumers from defective products. We make strong legal representation accessible without upfront costs. We are here to help you make sound legal decisions and seek the money you need for your recovery. Our clients only pay us if we win money for them.
At no cost to you, schedule your free case evaluation with Ward Ruddock today by calling (305) 390-4259(305) 390-4259 or filling out our online form. This initial meeting lays the foundation for a strong attorney-client relationship and an effective legal strategy. We keep you well-informed about your legal options throughout your case. At Ward Ruddock, we personalize our services for each client and every type of claim because we want to be Your Attorneys For Life.
