Miami Product Liability Lawyers
Strong advocacy for Florida clients injured by defective products
The manufacturers of consumer products, workplace products, medications, and other products have a duty to ensure their products are safe. When manufacturers put their profit ahead of your safety, they deserve to be held liable for any injuries or deaths they cause.
At Hickey Law Firm, our Miami product liability lawyers work with engineers and a range of product safety experts. These experts are skilled at showing products are defective due to faulty design, workmanship, instructions, and missing warnings. Victims need an attorney they can trust. Attorney John H. (Jack) Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board certified in Civil Trial by the National Board of Trial Advocacy (NBTA). Contact us today to get started.
Frequently Asked Questions
- What is product liability?
- What types of defective product cases do you handle in Miami?
- Who is liable for product liability injuries in Miami?
- What types of injuries do product liability victims suffer?
- What are some examples of product liability claims in Miami?
- How much is my Miami product liability claim worth?
- Do you have a product liability lawyer near me?
What is product liability?
Companies that design and manufacture goods have a responsibility to make sure that their goods and services adhere to established principles of safety and quality. When you purchase a defective product, not only can you feel cheated out of your hard-earned money, but the cost of an injury can place a substantial financial burden on you and your family.
Manufacturers and designers have a legal obligation to ensure that products are designed correctly, that they have passed quality control tests, that no dangerous or defective products enter the market, and, if necessary, that each product has a warning label that is easy to locate and understand. Product liability cases typically fall into one of the following categories:
- Design defect. If a product is inherently dangerous, regardless of whether it’s being used properly, then it has a design defect. Examples of a design defect would be a car that rolls over at relatively low speeds or an all-terrain forklift that, when it rolls over, fails to protect the operator from injury.
- Manufacturing defect. A product may have a manufacturing defect if the product differs from the original design because of the manufacturing process, or if the materials used or methods of construction weakened the product in some manner. The use of improper materials or poor quality control standards can cause manufacturing defects.
- Failure to warn or instruct. If a product can injure or harm someone as a result of being used for its intended function, or in a manner that the manufacturer or designer should have foreseen, the manufacturer or designer is responsible for warning the consumer of such risks. If a ladder manufacturer fails to warn consumers about the risks of using the top step, for example, they may be considered liable for any injuries that occur as a result.
Florida law defines a products liability action as “A civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.”
Strict liability means that if the product was defective at the time of the accident, and the accident was the proximate cause of your injuries, you should have a valid claim – without the need to prove fault.
Negligence means that the manufacturer or other entity involved in making, selling, or repairing the product owed you a duty of care, that they breached that duty of care by acting carelessly or irresponsibly, and the breach was the proximate cause of your injuries.
Many products such as cars and equipment are sold with express or implied warranties that the products will be safe for use. When the companies that make these warranties breach their warranties, they can be held liable for any injuries proximately caused by the breach of warranty.
WAS A LAWYER FOR THE INSURANCE COMPANIES. NOW A LAWYER FOR YOU.
What types of defective product cases do you handle in Miami?
Defective products can affect you in serious ways, causing horrible injuries, illness, and death. Our Miami defective product attorneys have experience with the entire gamut of defective product cases. Some of the types of claims our Miami product liability lawyers handle include:
- Vehicle defects. Cars, trucks, motorcycles, and other vehicles may have defective brakes, electrical systems, computer software, tires, fuel lines, airbags, and seatbelts.
- Medications and medical devices. Many product liability lawsuits involve the drugs that you and your family members rely on to improve their health or prevent their condition from worsening. When drugs are defective, the consequences can be fatal or cause severe injuries. Medical devices that are implanted such as vaginal mesh, or used in medical procedures such as surgical tools, can cause devastating injuries if they are defective.
- Machines, tools, and equipment. When the tools that workers and consumers rely on for use in the workplace or at home fail, you may have a product liability claim. Forklifts, power tools, cranes, scaffolds, electronic equipment, machines with moving parts, and many other types of building and home repair products have been found to be defective. Some products may be toxic.
- Children’s toys and clothes. Parents have the right to file a product liability claim when a child is injured or dies due to defective strollers, cribs, clothing, plastics, flammable items, items that can be easily swallowed, and other products made for children.
- Household products. Examples of defective household products include heaters, fans, and other items that can catch fire. Some products such as household cleaners may be poisonous.
- Recalled products. Different federal agencies such as the US Consumer Product Safety Commission and the National Highway Traffic Safety Administration have oversight over product recalls. Manufacturers need to comply with these recalls and any recalls they make based on their own investigations. You do not need to show that a product was recalled to have a valid Miami product liability claim. The existence of a recall can help confirm the product was defective. Manufacturers who fail to comply with the product recall may be subject to punitive damages.
We work with product safety experts and engineers who are skilled at determining that products are defective, why they’re defective, preparing reports, and testifying in court.
Who is liable for product liability injuries in Miami?
Defective product claims can be made against the following:
- Parts manufacturer
- Assembly manufacturer
- A company that packaged the material
After we determine who was at fault for the injuries you sustained because of the defective product, our lawyers will work to determine which type of defective product case you have.
We may sue for damages involving the negligence in the creation of the product, that the companies involved in the production and sale of the defective product are liable for your injuries, or for a breach of warranty if your product was within its warranty and you were operating it for its intended use.
What types of injuries do product liability victims suffer?
At Hickey Law Firm, our Miami product liability lawyers represent anyone who suffers any type of personal injury due to dangerous products. Many injuries in product liability cases are unique to the particular product. Common product liability injuries include:
- Heart attack
- Nerve damage
- Reflex sympathy disorder
- Scarring and disfigurement
- Vascular injury
- Many other types of injuries
How much is my Miami product liability claim worth?
Depending on the circumstances of the case, you may be eligible to obtain compensation for:
- Medical and rehabilitation costs
- Loss of wages (including future wages)
- Limited earning capacity
- Pain and suffering
- Scarring and disfigurement
- Loss of function
- Loss of the enjoyment of life’s pleasures
We work with your doctors to verify the full scope of your diagnosis, prognosis, medical treatments, and how the injuries have changed your life.
If you have lost a loved one as a result of a product defect, a compassionate Miami and Fort Lauderdale injury attorney from our law firm can help your family file a wrongful death claim.
Do you have a product liability lawyer near me?
At Hickey Law Firm, our lawyers are skilled product liability lawyers. As soon as an accident occurs, call us. You can talk with us in person at 1401 Brickell Avenue, Suite 510 in Miami, Florida. We do see clients away from the office when necessary.