Orlando Product Liability Attorneys – Vaughan Law Group
The Orlando product liability attorneys at Vaughan Law Group have had recent successes representing individuals who were harmed by use of defective products. A review of this website will reveal the credentials and experience of the Orlando product liability attorneys at Vaughan Law Group. These attorneys have been representing injured parties for over 35 years. The Orlando product liability lawyers at Vaughan Law Group are not only AV rated by Martindale Hubble, they have proven results as indicated herein. The AV Rating means that peer lawyers have acknowledged the excellence in both Vaughan Law Group competency and ethics. Specific cases, both past and present, are set forth in this website. An Orlando product liability lawyer at Vaughan Law Group will conduct client interviews at no charge to the potential client in order to determine whether representation may be beneficial.
Product liability law, also called “products liability”, governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. Depending upon the jurisdiction, the liability of the various parties involved as the product passes from the manufacturer to the consumer will vary.
Product liability frequently involves retail items, but can extend to pretty much anything that can be sold. It is possible, for example, for a product liability action to arise from a defect in real estate such as a leaky wall or poorly installed vapor barrierthat causes mold to grow inside a wall, or from a product used in real estate, such as defective siding.
Product liability claims can be brought under a number of theories, depending upon local law. The Orlando attorneys’ Vaughan Law Group are experience and well-versed in Product liability law.
Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose.
Manufacturing Defects: Liability arises from a defect that results from the manufacturing process.
Marketing Defects: A marketing defect involves such issues as inadequate warning labels or instructions, which, for example, prevent a user from recognizing a defect in the product, or from being aware of how to safely use or apply the product.
The elements of what a plaintiff must prove to prevail in a product liability action will also vary with the jurisdiction. It may be possible for a plaintiff to pursue more than one theory of liability.
Negligence: In a negligence action, the plaintiff must typically demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses, would have detected the defect with the exercise of reasonable care in the design, manufacture, or inspection process, failed to meet its obligations, and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use of the product.
Strict Liability: Under a strict liability standard, once the plaintiff establishes that a product is defective, liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale.
Breach of Warranty: A warranty is essentially a contract of fitness between a manufacturer or vendor and its customer. Under a breach of express warranty theory, the plaintiff alleges the violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended.
Many jurisdictions have created comprehensive product liability statutes, to govern litigation over injuries caused by defective products. Some states adhere more closely to a strict liability model, while some have very narrow product liability standards and place a significant burden of proof on a plaintiff. Some may defer to the safety determination made by a federal agency, such as the FDA’s review of pharmaceutical products, and shield manufacturers from defects unless the plaintiff can demonstrate that they misled the reviewing agency. They may also immunize parties beyond the point of manufacture, unless the plaintiff can demonstrate that they had actual knowledge of a product defect.
Statute of Limitations
All product liability laws are subject to a statute of limitations, which limits the amount of time a victim or their family has to file a lawsuit. The statute of limitations varies from state to state. In Florida the statute of limitations for product liability claims is four years. If you or a loved one has suffered a personal injury, the best way to protect your legal rights is to seek the early advice of a qualified legal professional. The Orlando Product Liability attorneys at Vaughan law firm can inform you of the best way to protect your legal interests.
Orlando Product Liability Contact Information
Contact Vaughan Law Group’s Orlando Product Liablility Attorneys today for your free initial consultation. You can contact Vaughan Law Group at (407) 648-4535 or use the form found on this page.
Orlando Product Liability FAQ’s
How does Vaughan Law Group charge fees for a product liability claim?
Attorneys fees for Florida and Orlando product liability Claims are governed by the Florida Bar. Generally speaking, attorneys representing personal injury clients are limited to 33 1/3 % of a gross recovery before a lawsuit is filed and 40% of gross recovery after a lawsuit has been filed.
How does Vaughan Law Group handle the costs necessary for a successful result in a product liability claim?
Vaughan Law Group advances all cost on behalf of its clients and will not recover them from the client unless the case is won at trial or settled. The client only reimburses Vaughan Law Group if that client prevails and receives a monetary award or settlement.
What costs would Vaughan Law Group typically advance for a product liability claim?
In most injury cases, costs will vary from hundreds of dollars to tens and even hundreds of thousands of dollars. These costs are for various needs to include, but not limited to, medical and lay depositions, expert review and testimony, subpoenas, medical records, travel, etc
How long will my product liability case last?
This is a difficult question to answer without knowing the specific type of case and the specific facts of your case. However, a general rule-of-thumb would be within 3-9 months for cases that don’t have to be put into suit and 12-24 months for cases that are filed on.
Do I have to go to trial for my product liability claim?
Again, the specifics of each case will help decide whether a trial would be advantageous to you. However, you will never HAVE to go to trial; that will be up to you. In most cases, court ordered mediation allows the parties to get together and resolve the case prior to any trials.