In Florida, many businesses profit from tourism and rental industries as well as from product and merchandise sales. Defective products aren't uncommon and the injuries that may result from mislabeled or poorly designed products can be devastating. Vehicles that lack critical safety mechanisms may cause crashes. Equipment that has been poorly designed may cause permanent injuries. Mislabeled merchandise can create unnecessary hazards that could have been easily avoided with proper labeling. Negligent manufacturers, businesses, and companies must be held responsible for hurting consumers. Liability laws allow individuals who have been directly victimized by poor business ethics to retain a Stuart product liability lawyer to file suit on their behalf. They then claim damages and be reimbursed for their pain suffering.

At Leanne L. Ohle, P.A., our Stuart defective product attorneys have the skills and experience that you need to see the best possible outcome for your product liability lawsuit. Below, we will go over some of the basics of product liability law so that you'll be able to better understand your rights, and what you can do to claim the compensation that you rightfully deserve.

Understanding product liability law

When you spend your money on a product, it should perform in the way that it has been promised to. The products that you pay for should never cause you harm. Product liability laws have been put in place to protect consumers from dangerous business practices and to help victims get the compensation that they are entitled to. Product liability laws protect consumers from:

Defective designs

Defective designs are product designs that are inherently unsafe. For example, if a Jet Ski was missing critical safety mechanisms, brake lines, for example, that Jet Ski would be unsafe to operate.

Mislabeled / advertised products

Mislabeled products fail to warn consumers about a product's potential dangers. For example, if a bag of pretzels was labeled "peanut free" but in fact did contain traces of peanuts and tree nuts, anyone with a peanut allergy would be in danger.

Manufacturing defects

When a product hasn't been properly inspected or crafted, it may have design defects. For instance, if a workout bench had broken hinge pins that caused it to buckle when in use, it would be defective.

In the state of Florida, companies whose products fall in these three categories and cause consumer harm may be legally held liable for any resulting damages. Ergo, if products of this kind hurt consumers, the injured victims can file lawsuits. These product liability personal injury lawsuits hold the responsible parties liable for any damages that the victims have suffered. Usually, the responsible parties will be manufacturers, advertisers, or designers.

Here's an example: Let's say that a man named Jim purchases a Jet Ski from a retailer in Stuart. The Jet Ski has been improperly built and is missing key mechanical parts that allow it to stop or slow down on the water, however, no one bothered to tell Jim that. Jim takes the Jet Ski out a few weeks later and crashes it as a direct result of the missing safety equipment. In this crash, Jim breaks his arm and sustains multiple other injuries. Jim is hospitalized, misses months of work, and finds himself financially and emotionally burdened. If Jim hires a Stuart product liability lawyer he might be able to successfully sue the manufacturer of the Jet Ski and claim the damages that he is owed. He will likely receive significant financial compensation if he has filed his personal injury lawsuit correctly.

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What to know before filing a lawsuit in Stuart

In the state of Florida, you must be able to prove three things in a product liability / defective product lawsuit: defect, causation, and damages.

Defect

You must prove that the product was defective either in design, manufacturing, or labeling/advertising.

Causation

You must also prove that the product itself caused you or a deceased loved one (in instances of wrongful death) direct harm.

Damages

You must also prove that these damages caused you suffering, injury, or other life-altering changes.

Defective products can be difficult to identify

The problem with defective products is that they are usually very difficult to spot. As a consumer, you are likely to naturally trust the company that you are purchasing a product from. Consider the Johnson & Johnson company who sold talc powder that allegedly gave multiple consumers cancer. Who would have guessed that baby powder would do that? This can lead to serious injuries that seemingly come out of nowhere. Many consumers are likely to blame themselves for the harm they suffer. Many other consumers know that the product that hurt them is to blame but don't believe they could win if they go up against a big company in court. Unfortunately, this leads to many injured victims being ignored and never receiving the justice that they deserve.

Hiring a product liability lawyer is key

Most (if not all) companies are profit motivated; they'll do everything that they can to ensure that their direct profits aren't negatively impacted by your legal claims. Your product liability personal injury lawyer will be able to protect your interests and help you receive the compensation that you deserve for your suffering.

Manufacturers are usually motivated to cover up reports of defective products. This can make it difficult for victimized consumers to receive the compensation that they are legally owed. That's why hiring an experienced and skilled personal injury product liability attorney like the ones at Leanne L. Ohle, P.A. is so helpful. Your attorney will know the ins and outs of the many product liability laws. They will be familiar with the court process and help to ensure that your unique case gets a fair outcome.

If you're filing a lawsuit, you'll likely have to prove that the manufacturer responsible for your suffering was strictly involved in producing or designing the harmful product in question. This is where your lawyer will be able to help you. Many companies executives will do everything that they can to avoid claiming responsibility for dangerous products.

We are experts in product liability law. We have won multiple lawsuits for individuals who have suffered at the hands of irresponsible advertisers and manufacturers. If you have been hurt or if someone that you love has been killed by a defective product, you may be entitled to significant compensation. It's important to know that product liability cases are time sensitive. We urge you to contact the dedicated and caring personal injury attorneys like Leanne L. Ohle, P.A. today.

 
 

PRODUCT LIABILITY FAQs

 

What is the "consumer expectation" test?

When people buy products in Stuart, they generally know what the product is meant to do. Florida has established that part of proving that a design defect exists comes down to the consumer expectation test. When applying this test to a product, a court asks the question: "What would a reasonable consumer think that this product is intended to do?" If the plaintiff in a defective product case related to bad design used the product in a reasonably foreseeable manner, then the problem that resulted might be the fault of the designer.

What kind of expert testimony do I need to prove a defective product claim?

A defective product claim typically involves technical aspects. The fault might lie in a design that cannot bear the stress of a product's intended use. Maybe the design would have been sufficient if other, more durable materials had been used. Expert witnesses sometimes are tapped to explain these points in a legal case. Depending on the facts of the case, one or more experts may be needed, including biomechanical engineers, civil engineers, physicians, ergonomic engineers or metallurgical engineers. Reaching out to a law office that represents product liability cases could connect an injured party with appropriate expert witnesses skilled at explaining technical subjects to a jury.

What are the differences among negligence, breach of warranty and strict liability?

Product liability cases draw upon one or more of these three legal theories of liability. What happened in your particular case will direct the choice of legal argument for your claim. Negligence would be an appropriate charge when someone in the chain of responsibility for the product failed to act with care. Breach of warranty arises when a product fails to meet consumer expectations whether expressly promised by the seller or maker or implied. Strict liability seeks only to collect damages for the party responsible for the defect. It does not require showing an exact failure in any duty only that an unreasonable danger existed.

Why Choose Ohle & Ohle?
“I don't usually write reviews, but needed to make an exception because I was so impressed with Leanne Ohle. Not only was she was able to help me with my case with her expertise but also showed compassion when I needed it most. She made this process as easy as possible during a time in my life nothing seemed easy. If you're looking for an attorney that's able to explain exactly what needs to be done, always there to answer any questions you might have, and be compassionate at the same time, Leanne is your best choice. Thanks again.”
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Unlike many large, high-volume firms, we'll treat you like an individual, and with compassion and understanding. Whether you're facing criminal charges, going through a divorce or injured in an accident, what you need most right now is someone who will listen and provide you with the best possible representation throughout your unique case.
Several law firms from West Palm Beach claim to specialize in Treasure Coast cases, when in fact they don't even have an office here. Leanne and Michael Ohle were born and raised in the Treasure Coast, and know the ins and outs of its legal system. We have offices in Fort Pierce and Stuart, and can come to you, depending on the situation.
The attorneys at Ohle & Ohle have proudly served Fort Pierce, Stuart, Port St. Lucie and the rest of the Treasure Coast for the past 48 years. We pride ourselves on our deep-rooted, strong ties to the community, which we believe gives us a clear advantage over our non-local competitors.
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