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Florida law allows people who have been hurt due to product defects to seek compensation for their injuries through product liability lawsuits. If you’ve been injured by a product you were using for its intended purpose, you will likely be able to sue the manufacturer and be reimbursed for your medical expenses and pain and suffering. After an injury, it’s best to speak with a Fort Myers defective product lawyer to figure out the particulars of your case and how your lawsuit might move forward.

To successfully receive compensation under a products liability lawsuit, you will have to prove that the following occurred:

• You were using a product in the way it was intended to be used, and it subsequently malfunctioned
• That malfunction caused an injury
• The product’s malfunction is directly linked to the fact that the product is defective
• The company failed to warn that this type of defect can occur

Your Fort Myers defective product lawyer will review the facts of your case and work to prove that all of the above elements were in play when you were injured. Are you having trouble determining whether you were involved in a defective product accident? Below, we review some of the most common defective product injuries and what causes them.

Common Types of Defective Product Injuries: Choking and Burn Injuries

When it comes to defective product injuries, choking and burn injuries are especially common among children. These injuries can sometimes prove fatal, making them a devastating consequence of a manufacturer’s carelessness. Typically, toys will be a common product that can cause a child or toddler’s injury since the child becomes curious and tends to stick small parts in their mouths. Each year, over 200,000 injuries occur due to a toy not being labeled properly. For example, toys with many small parts that do not have a warning label expressly stating that the toy is for children of a certain age are a frequent cause of choking injuries among small children. 

Similarly, adult products that lack warning labels are often the cause of burn injuries among adults and children alike. Electrical household appliances like toasters, hair dryers, or curling irons can have faulty wiring or fail to represent the danger of leaving the product unattended. Between touching the object when it is incredibly hot to plugging in an appliance with faulty wiring that results in electrocution or even bursts into flames, it’s wise to speak with a Fort Myers defective product lawyer if you’ve experienced any of these injuries. 

Organ Failures and Fractures

Most people don’t realize that the use of prescription drugs can often lead to a defective product lawsuit. Known to cause incredibly serious side effects that can result in death, it’s especially important to be aware of what you’re taking when you’ve been prescribed medication. Long term or incorrect use of these drugs can lead to heart, liver, and kidney failure, cardiac arrest, lung problems, and even brain damage. 

Generally, prescription drugs that do not warn of all possible side effects from their usage will be held liable if a person suffers from an injury due to their use. Similarly, doctors who prescribe these medications will also be held responsible if they recommended the medication without having a full picture of a patient’s medical history and how it might affect a patient’s response to the drug.

Fractures, another common type of bodily injury associated with product defect claims, occur when a product has a certain height or weight element that would cause a broken bone if the product fell or toppled over onto a person. Some typical accidents might include falling off a faulty ladder, a child falling out of a highchair, or an improperly fastened heavy object falling onto an adult or child. For example, a recent product liability suit occurred after several children were injured by an Ikea bookcase that was poorly manufactured and did not include any warning labels regarding its safety. The company resolved the issue by requiring all Ikea products to be sold with wall fasteners so this injury wouldn’t happen again - but not before they paid millions in damages. Talk to a Fort Myers defective product lawyer if you’ve experienced a similar accident.

Traumatic Brain Injury and Death

Unfortunately, traumatic brain injuries are some of the most common injuries associated with defective products, and they are also some of the most serious. Since a traumatic brain injury can lead to paralysis, impaired motor skills and speech, loss of quality of life, and even death, these injuries commonly result in significant lawsuits with huge rewards for injured victims. These injuries are typically caused by defective helmets, safety equipment, and improperly manufactured furniture.

Death can also occur due to a poorly manufactured product, and this is most common in injuries involving automobiles. Whether a defect in the car’s manufacturing caused the accident or a part within the vehicle failed to function correctly when an accident occurred, these types of injuries are the most likely to lead to an untimely death. Seatbelts, child car seats, and airbags - items designed to keep us safe - are some of the products that malfunction most frequently. While these products are often recalled when it’s discovered that they have a defect, a severe injury usually has to occur before that defect can come to light. 

Speak to a Fort Myers Defective Product Lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. Right Away

Being hurt by a defective product is a traumatic experience that requires both physical and emotional medical care. While many manufacturers have the resources to pay for your medical expenses and pain and suffering, a lawsuit will help ensure they pay as they’re supposed to. If you are the victim of a defective product, your attorney will help you get everything you deserve. 

To discuss your legal rights and options under the law, speak with Fort Myers Defective Product Lawyer Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible. Contact us online for a free initial consultation.

Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839 or by email to Randall@SpiveyLaw.com  Visit Spivey Law.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.  Contact us online for a free initial consultation.