Proudly Serving The Entire State of Florida With Offices Throughout
When a product is defective, it can be defective in one of three ways:
- Design defect: When there is a problem with how a product is designed, it will be inherently problematic or dangerous. Therefore, it never should have been made or sold in the first place. For example, if a table saw was designed to not have a protective guard over the blade when not in use, then it would be defective by design.
- Manufacturing defect: When there is a problem with how a product is manufactured or made, the defect might only affect some versions or batches of that product. For example, if some ladders in a production line were made without a locking hinge, then those specific ladders would be defective by manufacturing.
- Marketing or failure to warn defect: When there is a problem with how a product is advertised and sold to the consumer, it is a marketing or failure to warn defect. For example, if an off-the-counter heartburn medication could cause cancer but the product maker did not tell consumers or the general public about it, then it is a form of product defect that can be met with a lawsuit.
Our law firm has the experience and know-how needed to manage a product liability case related to any of these three types of defects. No matter what made the product unsafe, if it hurt you or someone you love, then we want to be the team that helps you seek compensation.
Different Defective Products
Product liability cases we have been involved in include:
- Medtronic MiniMed Insulin Pumps
- Breast Implant Claims
- Hip Replacements
- DePuy ASR Hip Implant
- Wright Medical Profemur Hip System
- Stryker Rejuvenate Hip Implant
- Stryker ABG II Hip Implant
- Johnson & Johnson Hip Implants
- Personal Watercraft
- Pressure Cookers
- And more
Defective & Unsafe Drugs
Drugs and pharmaceutical products are among the most common types of products at the center of high-stakes defective product cases. Big Pharma companies have become notorious for prioritizing profits, not the health of their customers. As such, each year, there are many newsworthy drug recall announcements, which are usually followed by mass torts and class action lawsuits.
Our law firm is currently involved in product liability claims that include:
Let Us Make Your Case for You
Zimmerman & Frachtman has extensive experience in negligence and product liability lawsuits. If the manufacturer of a consumer product has failed to take the required standard of care needed to make a product safe for use or consumption by the public, you might have a case for recovery. Let our legal team use our experience and skills to represent you through the course of your product liability claim or litigation.
To make things easier for you, we can meet with you in a private confidential consultation meeting. During this meeting, our attorneys will listen to all the details of your injuries and accidents to see if you have the real potential to bring a claim against the product manufacturer. Furthermore, we can determine whether others have been similarly harmed by the same product. This may be essential in determining whether a case is initiated just in your name or in a larger lawsuit, involving more possible plaintiffs in a class action.
Our experienced South Florida product liability attorneys often retain nationally renowned experts in their respective fields of defective products, like engineers, mechanics, pharmacists, etc. With their expert testimonies, we can elevate your claim and give it a stronger chance of success. We want to help you get compensation for your pain and suffering, medical bills, lost income, and any other damages you have incurred. We can also file a wrongful death claim if someone you love was killed in an accident due to a defective product.
Product Liability FAQs
Who Is Responsible for Injuries Caused By A Defective Product?
The manufacturer is responsible in most cases where there is severe injury or death caused by a defective product. In some instances, claims can be made against the seller or distributor of the product.
What Must Be Proven in a Product Liability Case?
Typically, there are usually three main components when it comes to a product liability case. First, the product had to have been in a condition that is considered defective and dangerous for its intended purpose. Second, the product had to have been considered defective when it left the manufacturer. Finally, the defective product must be the reason for the resulting injury or death.
Do I Still Have a Case If The Product Is Old?
This can vary on a case-by-case basis. If a product is built to last for a long time, then a judge may rule that the manufacturer should still be held accountable. It all depends on the nature and the use of the specific product in question.
What Kind of Compensation Can I Expect?
At Zimmerman & Frachtman, our South Florida product liability attorneys will fight to make sure you get everything you deserve. This may include medical expenses for both the past and the future, funeral or injury-related costs, disfigurement for both the past and the future, and any disability or emotional distress. In addition, if you are no longer to complete your daily job responsibility, you may be able to recover any lost earnings.
What If the Product Had a Disclaimer?
A manufacturer can still face responsibility for injury and death related to a defective product even with a disclaimer. In addition, there are also cases where manufacturers can face product liability lawsuits if they have received multiple complaints about product failures but did not put out a recall of the product or attempt to fix the issue.
If you or a loved one has been injured or killed due to defective product and would like to learn more about your legal rights, please contact us online or call (954) 504-6577 to learn more during a free, confidential consultation.
Aggressive, Experienced, and Compassionate Counsel
Client Centered Approach
Access to Call or Text Your Attorney Anytime
Work Directly With Your Attorney