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High Stack – Brevard County’s Trusted Product Liability & Defective Product Attorneys

Product Liability: Understanding Your Rights in Brevard County

product liability

From the advanced components used in our aerospace industry to everyday goods in our homes, we rely on manufacturers to ensure that products they sell are safe for intended use. This trust is placed not only on the vehicles we drive on I-95 and US-1 but also on power tools used in the construction sector, medical devices in clinics, and children’s toys purchased from retailers along the Space Coast.

When a corporation cuts corners or ignores safety standards or fails to warn about hidden dangers, it can lead to a catastrophic incident that can instantly upend a family’s life. These incidents have a devastating impact on individuals, families and communities, emphasizing the importance of ensuring safety of products and services.

A single defective car part can lead to a devastating rollover accident on the Bee Line Expressway. Industrial equipment malfunction can cause a limb to be severed at a worksite in Cocoa or Palm Bay. Poorly designed children’s products can cause tragic poisoning or choking incidents in Melbourne homes.

These are not just accidents; they often result from corporate negligence. Law provides a way for injured consumers and workers to hold companies accountable. Product liability law exists to balance the scales, ensuring that victims of defective products can seek justice from companies responsible.

Navigating a product liability case in Florida can be a challenging process that pits individuals against large corporations with significant legal resources. These cases require a deep understanding of engineering concepts, corporate liability, and the specific laws of Florida. For more than half a century, the High Stack Law Firm has been leading the way for injured Florida residents in these complex legal battles.

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What Is Product Liability?

Product liability is a specific area of personal injury law that holds manufacturers, distributors, suppliers, and retailers legally accountable for injuries caused by defective or hazardous products. The fundamental principle is that these companies have a duty of care to ensure that the products they bring to the market are safe for consumers. If they fail to meet this obligation, they may be held responsible for any resulting harm.

Unlike a simple accident, a product liability claim requires proof that an inherent flaw in the product rather than user error or general misfortune caused the injury. To do this, a thorough investigation is needed to determine the exact nature of the defect, trace it through the supply chain, and show how it led to the incident. Under Florida law, an injured party does not have to be the original purchaser of the product to have a claim. Any person who used the product reasonably and predictably can be eligible for compensation.

  • Mr. Kirby is absolutely amazing and professional! This lawyer really “get’s it”. He is down to earth, patriotic, fair, and intensely thorough. As a retired army guy who understand what right looks like, I highly recommend the High Stakes Law Firm to anyone who wants to get the job done right, the first time.

    David

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Types of Product Liability Claims

There are three primary legal theories under which a product liability case is brought in Florida. A single defective product may involve one or all of these types of failures:

Design Defects

This flaw exists before any item is ever manufactured. The original design of the product is inherently unsafe, making each unit potentially dangerous. Examples in Brevard County include a line of boat ladders with a fundamental design flaw that can cause collapse, a child’s car seat that fails to provide adequate protection in certain crash scenarios common on Florida roads, and a roof truss system used in local construction that may not withstand typical Florida storm forces. Our firm’s $3.5 million settlement with General Motors in a case involving a defective truck cab design that caused paralysis is an example of how we have successfully litigated a design defect claim.

Manufacturing Defects

Here, the product’s design is solid, but during the assembly or manufacturing process, an error occurs, causing one or more products to deviate from the intended design and become unsafe. This can include a contaminated batch of medication distributed at a local pharmacy, an incorrectly installed motorcycle brake line at the factory, or a welding defect in a piece of agricultural equipment used on Brevard’s farms. Our $1.335 million settlement with a hoist manufacturer after a production error in a gear led to a catastrophic failure and successfully addressed a critical manufacturing flaw.

Marketing Defects (Failure to Warn)

This claim focuses on inadequate safety warnings, instructions, or labels on products. A product may be well-designed and manufactured, but it can still be dangerous if the manufacturer does not provide clear instructions for safe use or fails to warn of potential risks. This is particularly relevant for powerful cleaning chemicals, industrial solvents, prescription drugs, and machinery where proper setup is essential. For example, a manufacturer of landscaping equipment should provide explicit warnings about kickback and blade detachment hazards.

What Compensation May Be Available?

The goal of a product liability lawsuit is to help the injured party recover as much as possible – though no amount of money can fully compensate for a severe injury. Under Florida law, the injured party can recover both economic and noneconomic damages, which may include:

  • Past and Future Medical Expenses: This covers everything from emergency transportation and surgery to long-term rehabilitation, physical therapy, medications, and anticipated future medical care needs.
  • Lost Wages and Lost Earning Capacity: Compensation for income lost during recovery and the diminished ability to earn a living in the future, especially critical for tradespeople and professionals in Brevard’s workforce.
  • Pain and Suffering: Monetary damages for physical pain and emotional distress caused by the injury and its consequences.
  • Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, family activities, and other activities that were enjoyed prior to the injury.
  • Punitive Damages: In cases where the defendant’s conduct was especially egregious, reckless, or intentional, the court may award punitive damages to punish the offender and deter similar behavior in the future. These damages are not intended to compensate the victim but rather to punish and deter wrongdoing.

How Long Do Product Liability Cases Take?

Product liability cases are some of the most complex in civil law, and their timelines reflect this complexity. While each case is unique, typical claims can take anywhere from 18 months to several years to resolve. The timeline depends on several factors, such as the severity of the injury, the number of parties involved (manufacturer, distributor, retailer), the complexity of the defect, and the willingness of the defendant to settle.

The process involves several stages: an initial investigation and preservation of evidence, filing a lawsuit, the discovery phase (during which both parties exchange information and take depositions), settlement negotiations, and, if necessary, a trial. At High Stack Law, we use our six decades of experience to conduct efficient and aggressive investigations from our Melbourne office. We never rush cases at the expense of preparing the strongest possible case for our clients. We approach each case as if it were going to trial, which often encourages defendants to reach a fair settlement earlier.

  • David Gordon and his team worked consecutively for over two years to ensure that my case was settled fairly. I am very grateful for their hard work and the outcome. Thank you David Gordon, and team! Hopefully I will not need representation ever again, but if I do, I will be calling you!!!

    Linsey

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Take Action to Protect Your Rights

A serious injury caused by a defective product is a violation of your fundamental right to safety. The journey to recovery can be difficult, filled with physical therapy sessions, medical appointments, and financial challenges. You should not have to face this challenge alone, as you should have the support of the legal system to help you fight for your rights.

If you or a loved one have been injured in Brevard County due to a defective vehicle, industrial tool, household appliance, medical device, or other product, it is essential to act promptly. It is crucial to preserve critical evidence and follow Florida’s strict filing deadlines for legal actions.

Contact The High Stack Law Firm today for a free and confidential case evaluation. Our experienced team will listen to your story, investigate the facts, and explain your legal rights and options. We have unparalleled resources and technical knowledge, and we are committed to fighting for justice. We will work hard to hold responsible parties accountable, and ensure that you receive the compensation you deserve in order to move forward with your life.

Common Products Liability Injury FAQ

What is a product liability claim?

A product liability claim is a legal action that holds manufacturers, distributors, suppliers, and retailers responsible for injuries caused by a defective or unreasonably dangerous product. Under Florida law, these entities have a duty to ensure their products are safe, and you may have a valid claim if you were injured while using a product as intended, even if you were not the original purchaser.

What are the main types of product defects?

There are three primary types: design defects (where the product’s inherent design is unsafe), manufacturing defects (where an error occurs during production, making specific units dangerous), and marketing defects or failure to warn (where inadequate instructions or warnings make an otherwise properly made product hazardous).

What compensation can I recover in a product liability case?

You may recover economic damages such as past and future medical bills, lost income, and reduced earning capacity, as well as non-economic damages for pain, suffering, and loss of enjoyment of life. In rare cases involving egregious corporate misconduct, punitive damages may also be available to punish the defendant and deter future wrongdoing.

How long do I have to file a product liability lawsuit in Florida?

Florida’s statute of limitations for most product liability injuries is generally four years from the date of the injury. However, specific circumstances—such as when the defect was discovered—can affect this deadline. It is critical to consult an attorney immediately to ensure your claim is filed within the legally allowed time.

How long does a typical product liability case take to resolve?

These are highly complex cases and often take anywhere from 18 months to several years. The timeline depends on factors like the severity of the injury, the number of parties involved, the complexity of the defect, and whether the case settles or proceeds to trial. Thorough investigation, expert analysis, and litigation phases all contribute to the length.

Why is it urgent to contact a lawyer quickly after an injury?

Immediate action is essential to preserve the defective product and other critical evidence—such as manuals, packaging, and purchase records—that manufacturers or insurers may attempt to retrieve or destroy. An attorney can also quickly identify all liable parties in the supply chain and ensure all legal deadlines are met to protect your right to compensation.

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