Did a consumer product in Orlando recently injure you? You may be entitled to compensation, whether it is a car, toy, electronic, lawn equipment, or something else. Florida law allows injured parties to sue the liable company or entity if its product injured them.
The Orlando product liability attorneys at Miller & Jacobs, Accident Attorneys, are available to help you pursue justice in your product injury claim. Some of the most common product liability claims we have handled involve:
- Design defects: The product design is unsafe, such as an SUV with a defective brake system.
- Manufacturing defects: The product deviates from its intended design, such as improperly assembled machines or drugs with incorrect amounts of ingredients.
- Failure to warn: Inadequate warnings or instructions about product risks, such as a drug company not disclosing side effects.
Why Choose Us?
Our Orlando personal injury attorneys have represented Florida clients for decades and have obtained over $90 million for our satisfied clients in all types of personal injury claims. Recent personal injury settlements include:
- $1.2 million car accident settlement
- $600,000 car accident settlement
- $750,000 truck accident settlement
- $500,000 truck accident settlement
- $300,000 car accident settlement
Our product liability legal offices are at 5401 South Kirkman Road in Orlando, Florida. We are near the Florida Turnpike and across the street from Westgate Resorts Foundation. Call (877) 848-5297 for a free legal consultation. We do not get compensated unless we receive compensation in your case.
Orlando Product Liability Compensation
In Florida, compensation for a product liability claim depends on several factors, including the nature of the injury, the type of defect, and the legal theory used, such as negligence or strict liability.
Recoverable Damages
First are compensatory damages, which are the most common awards in product liability cases and aim to cover losses caused by the defective product.
You may receive economic damages, such as medical expenses (past and future), lost income, lost earning capacity, and property damage. For example, if a defective appliance caused a fire, you could claim repair costs alongside medical bills from any injuries.
Additionally, you may be eligible for non-economic damages to cover pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but can be significant if the injury is severe, like permanent disfigurement from a malfunctioning product.
How Compensation Works in Florida
You could receive compensation for a product injury or defect in Florida in several ways if you can show the product was defective, the defect caused the injury, and you suffered damages. Talk to your Orlando product liability attorney about which legal method is preferred in your case:
- Strict Liability: Florida is a strict liability state for product defects. You don’t need to prove the manufacturer was negligent—just that the product was defective (design, manufacturing, or failure to warn) and caused your injury while used as intended.
- Negligence: Alternatively, you can claim the manufacturer failed in their duty (poor quality control), but this requires showing their actions directly led to the defect.
Product manufacturers, wholesalers, and retailers could be sued successfully for compensation in a Florida product defect case. Talk to an Orlando product liability lawyer for more information about potential parties liable for your injuries.
Where Do Product Injury Accidents Happen In Orlando?
Orlando is a growing community with large residential areas and tremendous tourist traffic. There are several general areas where many product injury cases could occur:
Theme Parks and Amusement Areas
Orlando is renowned for its theme parks, such as Walt Disney World, Universal Studios, and ICON Park. Product injury accidents might involve malfunctioning amusement rides, defective souvenirs, or unsafe on-site food products. For instance, incidents like ride malfunctions or injuries from poorly designed equipment have been reported in these settings, highlighting the potential for product-related injuries in these high-traffic tourist zones.
Retail Stores and Shopping Centers
Large shopping areas like The Florida Mall, Mall at Millenia, and outlet stores, such as Orlando International Premium Outlets, are common locations where defective products, such as electronics, toys, or household goods, might cause injuries. These incidents could stem from items purchased and used immediately or shortly after, like a faulty appliance sparking a fire or a toy breaking and causing harm.
Hotels and Resorts
With Orlando’s tourism-driven economy, hotels and resorts catering to millions of visitors annually are potential sites for product injury accidents. Defective furniture, malfunctioning kitchen appliances in suites, or unsafe pool equipment could lead to injuries. These locations often see heavy use of consumer products, increasing the likelihood of incidents if items are poorly made or maintained.
Restaurants and Food Establishments
Product injuries related to food safety, such as contaminated or improperly labeled food items, can occur in Orlando’s numerous dining spots, especially in tourist-heavy areas like International Drive or near theme parks. For example, a defective kitchen tool or a mislabeled allergen-containing product could result in harm.
Residential Areas
Orlando’s residential neighborhoods may see product injury accidents from household goods, particularly in densely populated areas like Downtown Orlando, Pine Hills, or near the University of Central Florida (UCF). Defective appliances, power tools, or
Types of Product Liability Accidents And Injuries
You could suffer various product injuries because of a defective toy, vehicle, tire, pharmaceutical, medical device, lawn equipment, tool, home appliance, and more. Common product-related injuries in Orlando include:
Falls
Products like ladders, chairs, stools, and playground equipment often lead to injuries due to falls. These can result in fractures, head trauma, or sprains, especially when the product is unstable, poorly designed, or misused.
Cuts and Lacerations
Sharp-edged or defective tools, knives, glassware, and machinery (e.g., lawnmowers, power saws) frequently cause cuts. Packaging materials, such as metal cans or plastic clamshells, also contribute to these injuries.
Burns
Common culprits are household appliances, such as stoves, heaters, curling irons, fireworks, and flammable products like clothing or furniture. Electrical burns from faulty wiring or devices also fall into this category.
Poisoning or Chemical Exposure
Cleaning products, cosmetics, medications, and batteries (especially button batteries swallowed by children) often lead to poisoning or chemical burns. Improper labeling or packaging can exacerbate these risks.
Choking or Suffocation
Small parts in toys, food packaging, or household items pose choking hazards, particularly to young children. Plastic bags or defective cribs and mattresses also pose suffocation risks.
Struck-by or Impact Injuries
Heavy or unstable products, such as televisions, furniture, or sports equipment, can cause blunt trauma, concussions, or bruises when they fall or are mishandled.
Electric Shock
Faulty electronics, exposed wiring in appliances, or power tools without proper insulation frequently result in shocks, sometimes leading to severe injury or death.
Common product defect injuries include the following:
- Burns: Caused by defective electrical appliances, flammable materials, or malfunctioning heating devices.
- Cuts and Lacerations: Resulting from sharp edges on poorly designed tools, toys, or packaging.
- Fractures or Broken Bones: Occurring due to structural failures in furniture, ladders, or vehicles.
- Head Injuries: Including concussions from defective helmets, falling objects, or unsafe recreational equipment.
- Electrocution: Stems from faulty wiring or exposed components in electronics.
- Choking or Suffocation: Linked to small parts detaching from toys or defective safety restraints.
- Poisoning: Caused by leaking chemicals, contaminated food packaging, or defective containers.
- Amputations: Resulting from dangerous machinery or power tools with inadequate safety features.
- Eye Injuries: Due to exploding products, lack of protective guards, or defective eyewear.
- Soft Tissue Injuries include bruises or sprains from collapsing products or sudden malfunctions.
Always retain an experienced Orlando product liability attorney if a product defect injures you. These cases are challenging to win, and the at-fault company or entity will fight your claim aggressively.
Fighting The Insurance Company After A Product Injury
The insurance company will not be happy about paying compensation for your product injury. You can expect the insurance entity and their attorneys to question your claim and engage in many tactics that your seasoned Orlando product liability lawyer is best equipped to address:
Insurer Claims The Policy Doesn’t Cover The Injury
Insurance companies don’t just hand over payouts; they’re incentivized to minimize losses. After filing a claim, they’ll determine if the policy covers the incident. For product liability, this means checking if the defect falls under the policy’s terms and if the claim was filed within the policy period.
If it’s a claims-made policy, coverage only applies to claims reported during the active period, regardless of when the damage happened. On the other hand, a claims-occurring policy covers incidents that occurred during the policy term, even if reported later. Disputes often arise over these timing details.
The insurer might push back by arguing that the defect isn’t covered if it’s tied to intentional misconduct, wear-and-tear, or a product recall, which many policies exclude or cap. They could also claim the business shares fault, like failing to test the product adequately, reducing their payout under contributory negligence rules (depending on the state).
Settlement Delays And Low Offers
Another tactic is delaying the process, dragging out investigations or negotiations to pressure claimants into settling for less, especially if the claimant needs cash fast for legal defense or damages. The liable party will try to lowball you if you do not have a product liability attorney in Orlando.
Claim Could Be Denied
Conversely, if coverage is denied, the claimant might fight the insurer, arguing that the policy was misrepresented or that the defect clearly falls within agreed-upon terms. Legal battles can escalate here, with courts sometimes needing to interpret vague policy language.
Data backs this up: product liability claims often rack up high defense costs, such as legal fees and expert witnesses, since proving a defect’s cause can get technical and messy.
These insurance fights hinge on policy specifics, evidence of the defect, and who’s got the better lawyer. If you’re in this spot, you should allow your product liability lawyer to handle the pushback from the insurance company.
What To Do After A Product Injury In Orlando
A product injury can be serious, so you should take several critical actions after the incident:
- Seek Medical Attention: Your health is the top priority. Visit a doctor or emergency room immediately, even if the injury seems minor. Some injuries may not be apparent immediately, and medical records will be important evidence linking your injury to the product. Also, follow up with your doctors and follow their medical advice, or you could have difficulty with insurance coverage later.
- Preserve the Product: Do not throw away or alter the product that caused your injury. Keep it in the same condition after the incident, along with any packaging, instructions, or receipts. This evidence is critical for proving your case.
- Document Everything: Take photos of your injuries, the product, and, if possible, the scene where the injury occurred. Write down a detailed account of what happened, including the date, time, and how you used the product. If there were witnesses, get their contact information and statements.
- Report the Incident: Notify the manufacturer or retailer about the injury, typically through their customer service department. If the product poses a broader safety risk, consider reporting it to the U.S. Consumer Product Safety Commission (CPSC). Avoid returning the product to the seller without consulting an Orlando product liability lawyer, as they might dispose of it.
- Avoid Social Media: Refrain from posting about the incident or your injuries online. Anything you share could be used against you by the manufacturer or insurance company.
- Consult an Orlando Product Liability Lawyer: Contact a product liability attorney immediately. In Florida, you generally have four years from the date of injury to file a claim, but acting quickly ensures evidence is preserved and deadlines are met. An attorney can evaluate your case, determine liability, and guide you through the legal process.
Speak To An Orlando Product Liability Lawyer Today
When you suffer a product liability injury, it’s imperative to have an aggressive product injury attorney help you. Miller & Jacobs, Accident Attorneys, have the skills and experience to hold the liable parties accountable for your product injury. You can speak to one of our Orlando product liability lawyers now in a free consultation at (877) 848-5297.