Experienced Product Liability Attorneys
At Roselli & McNelis, our attorneys are dedicated to providing knowledgeable representation in the complex field of product liability. We've helped clients recover substantial damages for injuries from product defects. Whether you've been harmed by a defective medication, dangerous device, faulty automotive component, or unsafe consumer product, our experienced trial lawyers will fight aggressively to hold manufacturers and distributors accountable.
Understanding Product Liability Law
Product liability law holds manufacturers, distributors, and retailers responsible for injuries caused by dangerous or defective products. Unlike other personal injury claims, you may not need to prove negligence on the part of the manufacturer. Instead, you must show that the product was defective and caused your injuries.
There are three primary types of defects recognized under Florida product liability law:
- Design Defects: The product's design is inherently dangerous or unreasonably unsafe, even when manufactured exactly as intended.
- Manufacturing Defects: The product was manufactured incorrectly or deviates from the intended design, making it dangerous.
- Marketing Defects (Failure to Warn): The manufacturer failed to provide adequate warnings or instructions about known dangers or risks associated with the product.
Types of Product Liability Cases We Handle
Product defects can occur in virtually any industry. Our attorneys have successfully represented victims injured by:
- Dangerous Drugs: Pharmaceuticals that cause serious side effects not disclosed by manufacturers, including cancer, heart disease, and organ damage.
- Defective Medical Devices: Faulty pacemakers, hip implants, surgical mesh, and other medical devices that fail or cause complications.
- Automotive Defects: Faulty brakes, airbag failures, fuel tank defects, and other vehicle component failures leading to serious accidents.
- Consumer Product Defects: Dangerous appliances, toys, furniture, and household products that cause injuries.
- Industrial Equipment: Machinery and equipment that lack proper guards or safety features, causing severe workplace injuries.
- Children's Products: Toys and products with choking hazards, toxic materials, or dangerous design flaws.
- Household Appliances: Refrigerators, ovens, washing machines, and other appliances that malfunction or pose fire and electrocution risks.
Proving a Product Liability Claim
To successfully pursue a product liability claim, you must establish the following elements:
- The Product Was Defective: You must prove that the product had a design flaw, manufacturing defect, or inadequate warnings that made it unreasonably dangerous.
- The Defect Existed When It Left the Manufacturer: The defect must have been present when the product left the manufacturer's control, not caused by misuse or modification.
- The Defect Caused Your Injury: You must demonstrate a direct causal link between the product defect and your injury or illness.
- The Product Was Used As Intended: You were using the product in a reasonably foreseeable manner, or the manufacturer should have warned about alternative uses.
Our attorneys conduct thorough investigations, hire expert witnesses, and analyze product design and manufacturing processes to build compelling evidence of liability.
Why Choose Roselli & McNelis?
Product liability cases are complex and require extensive resources to take on large corporations and their well-funded legal teams. Here's why injured clients choose our firm:
- Civil Trial Lawyers: Our attorneys are certified by the Florida Bar as Civil Trial Lawyers, providing exceptional expertise in complex litigation.
- Resources to Take On Large Corporations: We have the financial resources and experienced team to challenge major manufacturers and pursue significant damages.
- Decades of Experience: With over 50 years of combined experience, we understand product liability law and know how to maximize your recovery.
- No Fee Unless We Win: We work on a contingency basis, so you pay nothing unless we successfully recover compensation for you.
- Trial-Tested Attorneys: Insurance companies and manufacturers know we're willing to take cases to trial, giving us leverage in settlement negotiations.
- Personalized Attention: You'll work directly with experienced trial attorneys, not case managers or inexperienced paralegals.
Frequently Asked Questions
In Florida, the statute of limitations for product liability claims is generally four years from the date of injury, or in some cases, from when the injury was discovered. However, there are exceptions and limitations depending on the specific circumstances. It's critical to consult with an attorney as soon as possible after a product-related injury to ensure you don't miss important filing deadlines and to preserve evidence.
Yes. Under Florida product liability law, you can sue the manufacturer, distributor, or retailer who sold the defective product, even if you didn't purchase it directly. You may have claims against any company in the supply chain that put the defective product into commerce. This means you could potentially recover from multiple defendants.
Manufacturers must anticipate reasonably foreseeable misuses of their products and either design products to prevent injury or provide adequate warnings. Even if a product is misused, if the manufacturer should have anticipated that use or failed to warn about dangers, you may still have a claim. However, comparative negligence rules may apply, reducing your recovery based on your degree of fault.