Orlando Product Liability Attorney
Many product liability claims are based on evidence that simply does not line up with the truth. User error is a common cause of injuries that are initially blamed on companies for producing unsafe products. Often, a third party is to blame for the accident. Sometimes, the plaintiff may have exaggerated their injuries and other damages, or they may have made up their injuries altogether Although rare, fraud does occur in product liability claims, and all of the details surrounding a given case must be analyzed thoroughly by an experienced Orlando product liability attorney to ensure that the company and their insurance carrier are not wrongly held responsible for damages. The Orlando product liability attorneys at HD Law Partners understand the complexity of product liability claims, which often involve multiple defendants and other parties, including retailers, suppliers, manufacturers, distributors, and more, and will work to ensure that our clients are not wrongly found liable for an injury that they did not cause.
The Burden of Proof Lies With the Plaintiff
In Florida, along with 46 other states, the burden of proof to show a defect in a product lies with the plaintiff. The defendant is not required to justify the product’s design, showing that there was no defect. While it is still important to aggressively defend oneself in and out of the courtroom, Florida’s laws are designed so as to put the most difficult aspects of the lawsuit on the shoulders of the plaintiff. The plaintiff must show that the product was the cause of the injury and that it was defective when it left the manufacturer’s control.
Questions That Our Lawyers Always Ask
Because juries award victims of product liability injuries an average of over $7 million, greater than any other type of bodily injury claim according to the Insurance Information Institute, it is absolutely vital to get to the bottom of what really happened. Our lawyers ask the following questions to find out with whom negligence lies and what the real damages are:
- Was the product being used correctly at the time of injury?
- Was the product being used for its intended purpose, or reasonably foreseeable use?
- Was the plaintiff’s own negligence responsible for causing their injuries?
- Was the plaintiff aware of a potential danger or defect in the product, yet decide to use the product regardless?
- Was the plaintiff an intended user of the product? For example, was a child using a product designed for an adult?
- Was the product modified in any way from the time it left the manufacturer’s control and when it caused the injury?
- If the product was in an automobile, medical device, pharmaceutical, or other product subject to federal preemption, is the claim preempted by federal law?
Take All Product Liability Claims Seriously by Talking to an Experienced Orlando Attorney Immediately
Here at HD Law Partners, we have more than 40 successful years of combined experience defending clients against frivolous, fraudulent, and serious product liability claims. Our lawyers do what it takes to win our clients’ cases, and you can reach us by phone at 888-267-5651 to schedule a free consultation today.
