Products Liability

Products liability is an area of tort law that requires manufacturers and suppliers of products to refrain from putting unsafe products into the stream of commerce. Every type of product available in our vast marketplace has the potential to be the subject of a products liability lawsuit if that product has caused injury to someone. Every participant in the chain of distribution may have some liability, from the maker of a defective component part to the retailer of the product. Merely using a defective product is not sufficient, some actual harm or injury in order to successfully pursue a claim.

Usually, though, it is the manufacturer of the product that bears the most liability, for putting this dangerous product in the marketplace. They are considered the party who has the greatest opportunity to protect consumers from danger.

Products liability claims can be based on any of three theories: negligence, strict liability or breach of warranty. Under the negligence theory the harm might have been caused by negligent manufacturing or negligent design. In Florida, for a plaintiff to prove negligence in a products liability case, they must prove (1) the manufacturer must have a legal duty to design and manufacture a product reasonably safe for use; (2) the manufacturer must fail to comply with that duty; (3) the plaintiff must have an injury that is legally caused by the manufacturer’s breach of duty; and (4) the plaintiff must have suffered damages.

Florida maintains a distinction between negligence and strict liability in their approach to products liability. In order for a Florida plaintiff to prevail in a strict liability case, they must “establish the manufacturer’s relationship to the product in question, the defect and unreasonably dangerous condition of the product, and the existence of the proximate causal connection between such condition and the user’s injuries or damages.” Strict liability dictates that regardless of the level of care exercised by the manufacturer, if the product caused harm, they will be liable.

Regardless of the underlying theory, a product must be shown to be defective in some manner and that defect caused the injury. This defect can be a problem with the manufacture of the product (such as a tainted over the counter drug), or a defective design of the product (such as a faulty ignition switch in a car) or a defect in marketing, such as a failure to adequately warn of consequences of use of the product (such as the defective drug cases).

There are many types of products which have been the subject of products liability litigation. You actually see advertisements for this litigation every day on television – dangerous drugs, faulty medical devices, asbestos exposure, children’s cribs and toys, space heaters and automobiles.

If you or a loved one has been injured or killed because of a dangerous or defective product, you should consult with a law firm experienced in products liability. There are very specific elements you must prove in order to be successful against a manufacturer or supplier of a product. Experienced counsel will help you obtain your rightful compensation.

The attorneys at BRILL & RINALDI, The Law Firm have the experience, dedication and knowledge to help you prosecute your products liability case.

Car Accidents

There are more than 15, 000,000 registered vehicles in the state of Florida, and about as many licensed drivers. Our heavy population density (in some parts of the state) means that there is lots of traffic on the roads. Just because of the sheer numbers of cars and drivers, the likelihood of an auto accident is higher than other places. Florida has nearly 250,000 accidents a year, some of them with serious injuries.

Distracted driving has been blamed for the uptick in accidents in recent years. This is more than just using a cell phone or texting – eating, fiddling with a GPS or music system, putting on makeup or combing hair all are a type of distracted driving. Any time your attention is on something other than the road, you are distracted. Texting while driving has been banned since October 2013, but it is still legal to talk on your cell phone while driving. The best practice is to use a hands free device that allows you to keep your hands on the wheel and your eyes on the road.

There are rules regarding what to do if you have been involved in an automobile accident. According to the DMV some of these rules are: don’t leave the scene, you must stop the vehicle. You shouldn’t block traffic if it can be helped. If there has been a serious injury, you must try to get medical help for the injured person. You must exchange insurance and identity information with the other driver, and report the accident to the authorities. If the accident was the result of one driver or another violating a traffic law, a ticket will be issued and that will need to be dealt with in court.

Florida is a no-fault state when it comes to traffic accidents, which means that you must first look to your own insurance company for compensation for injuries or other losses. You can only step outside the no-fault system under certain circumstances; there is a “serious injury” threshold which must be met to make a claim on the other driver’s insurance, or to file a personal injury lawsuit. This “serious injury” threshold usually means there must be a permanent injury or a permanent and significant disfigurement or scarring, or death.

To further complicate the issue of compensation, Florida is also a comparative negligence state. This means that the judge or jury will assign a percentage of fault to the drivers involved. If you were at fault in any way for the accident, your recovery may be reduced by the percentage you were assigned.

If you have been in an automobile accident, DO get medical attention immediately if necessary. Then, if possible, gather insurance information, get photos of the accident (even with your cell phone), get copies of the accident report. Keep copies of your medical records and receipts.

DON’T admit fault or liability at the scene – this can have unfortunate consequences. Don’t speak with the other driver’s insurance company without speaking to an attorney first. Never sign anything until you have consulted with an attorney because you may be signing your rights away.

Because of the complexities of the no-fault system, and the comparative negligence rules, you may need help from an attorney experienced in the accident law of Florida. The attorneys at Brill & Rinaldi, The Law Firm have the experience and dedication you need. Our free initial consultation will help determine whether your case meets the required threshold, and if a case should go forward.

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