Personal Injury Product Liability Attorney in Brandon, FL
Product Liability Law holds manufacturers accountable for dangerous and defective products. Curry Law Group helps injured consumers recover compensation throughout the Tampa Bay Area.
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What is Product Liability Law?
Product Liability Law focuses on dangerous and/or defective products that put consumers at risk. It applies to companies that manufactured and sell products that are not safe to unsuspecting consumers. In some cases the companies are negligent in properly informing the consumer of hazards, while in other cases it was done knowingly. Product liability law holds all parties to the manufacture of a defective product accountable for damage caused by the product.
Types of Product Defects
Manufacturing Defects are flaws that occur in the production process and involve materials of poor-quality or shoddy performance. Design Defects occur when the manufacturing designs are dangerous or useless so they are defective even if manufactured carefully. "Failure to warn" defects result in products that bring non-obvious risks that can be alleviated through enough warnings to users.
Compensation for Victims of Defective Products
Under product liability law, damages may be awarded to a victim if a consumer is injured by a defective product. The damages awarded may be compensatory or punitive. Compensatory damages compensate victims for their losses including medical bills, lost wages or property damage. If the victim suffered considerable physical or mental anguish, they may also be awarded compensation for their pain and suffering.
Steps to Take if You Are a Victim
If you become the victim of a defective product: preserve the product as evidence, seek medical attention and document your injuries, document the circumstances of the incident, report the incident to the manufacturer and keep records, and consult with a product liability attorney as soon as possible. Product liability cases require quick action to preserve evidence before it's lost or destroyed.
Frequently Asked Questions
Can I file a claim even if I used the product incorrectly? Possibly. If the product was used in a reasonably foreseeable manner, the manufacturer may still be liable. Who can I sue in a product liability case? The manufacturer, distributor, wholesaler, or retailer may all potentially bear liability. What is strict liability in product cases? You don't need to prove negligence — just that the product was defective and caused your injury.
Contact Curry Law Group Today
If you or a loved one has been injured or suffered damage due to a defective product, please do not hesitate to contact The Curry Law Group. We service the entire Tampa Bay Area and would like the chance to represent you. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Curry Law Group — Personal Injury Series
Watch our attorneys break down real personal injury scenarios, evidence tips, and what to expect after an accident in Hillsborough County.
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Forms & Common Questions
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Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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