Miami Product Liability Lawyers

Handling Defective Product Cases in Florida & Nationwide

Every year, thousands of innocent consumers are injured or killed by defective products. The manufacturers, distributors, and, in some cases, owners of these products have a legal obligation to ensure that they are designed and constructed for safe use. They must also provide adequate warning when a product poses a danger when used for ordinary purposes.

When a defective product causes harm, a product liability lawsuit may be the only way to hold manufacturers and other liable parties accountable. Stewart Tilghman Fox Bianchi & Cain, P.A. has been nationally recognized as a leading defective product litigation firm, including selection to U.S. News'  list of Best Law Firms® for Product Liability.

Our Miami defective product attorneys are known for:

• Winning hundreds of millions of dollars since 1984
• Having more than 150 years of combined experience
• Sparing no expense to prepare cases for sizable results
• Limiting our caseload to maximize our focus on each case
• Developing remarkably strong attorney-client relationships
• Providing 24-hour access to our attorneys for our clients

We offer free consultations to discuss your legal options. Call (305) 770-6335 today!

Understanding Product Liability: What Makes a Product “Defective?”

It’s important to understand that not every dangerous product is defective. Rather, a product is considered “defective” if it has some flaw that makes it unreasonably unsafe for normal use. For example, power tools are inherently dangerous, but they are not defective unless they lack adequate warnings or instructions, are missing safety guards, or have some other flaw that make them excessively dangerous for the user when used for ordinary purposes. 

A product might also become dangerous if it is used incorrectly, but this does not mean it is necessarily defective. If a product has been modified, or if it is not used for its intended purpose, the manufacturer, distributor, or owner of the product is typically not liable for any injuries arising from the improper use of the product. In fact, this is a common defense raised in product liability lawsuits. 

Common Types of Product Defects in Miami Product Liability Cases 

While specific examples of product defects are nearly infinite, these defects tend to fall under one of three categories: design defects, manufacturing defects, and marketing or labeling defects. 

These types of product defects are defined in the following ways: 

• Design Defects: A design defect refers to a flaw in the actual design of the product itself that renders it unreasonably unsafe for normal, typical use. Examples of design defects include SUVs with excessively top-heavy designs that cause them to easily roll over in a car crash, electronic devices that are susceptible to catching fire or causing electric shocks, and children’s toys with small parts that pose a choking hazard.
• Manufacturing Defects: A manufacturing defect occurs when a product is properly designed but some flaw is introduced during the construction of the product, making it unsafe for ordinary use. Examples of manufacturing defects include medications that become contaminated during production, vehicles with improperly installed seatbelts or airbags, and industrial equipment that is missing key safety features, such as machine guards or emergency stop buttons.
• Marketing/Labeling Defects: A marketing or labeling defect has to do with how a product is marketed/advertised, as well as the instructions, warnings, and other safety labels it does or does not contain. For example, pharmaceutical drugs that do not come with a complete list of possible side effects would be considered defective, as would medications that were improperly marketed for off-label, untested uses.  

Many product liability cases are based on strict liability, meaning the defendant is liable regardless of intent. However, others fall under negligence or breach of warranty of fitness.

Examples of Defective Product Cases in Miami

Any type of product can be defective. However, some products are more often the subject of litigation than others. 

Defective product cases in Miami and nationwide often involve: 

• Auto defects, such as defective vehicle design and faulty components, like airbags, seatbelts, braking systems, accelerators, and more. New models and older vehicles could have significant design or manufacturing defects.
• Drugs and medical devices, including antidepressants, blood thinners, heartburn medications, hip implants, IVC filters, etc. These have been the subject of product liability litigation across the United States.
• Household items, such as cleaning products, electrical panels, and appliances, like washing machines, dryers, HVAC units, and water heaters. Even seemingly harmless household items can cause serious harm if defective.
• Baby and child products, including cribs, beds, strollers, car seats, toys, bouncers, walkers, toys, carriers, bath seats, and changing tables. Defects and improper usage instructions can cause serious harm or claim children's lives.
• Tools and equipment, including power tools, ladders, forklifts, cranes, scaffolding, conveyer belts, and other consumer and commercial products. Defective tools put workers and consumers at risk of suffering serious harm.
• Electronics, such as cell phones, e-cigarettes, rechargeable batteries, electronic chargers, personal computers, laptops, fitness trackers, and smartwatches. Manufacturers and distributors can be held accountable.
• Food, including contaminated food products and those that are missing important information, such as nutrition labels, allergy labels, etc. These lead to widespread recalls due to the significant harm presented to consumers.

If you were harmed by a defective product in Miami or anywhere in Florida, Stewart Tilghman Fox Bianchi & Cain, P.A. can help. Our product liability lawyers represent clients nationwide in some of the most complex and challenging litigation. 

Who Can Be Held Liable for a Defective Product in Miami?

The answer to this question varies from case to case. In some instances, the company that designed the product can be liable for injuries. This is true when the product contains an inherent defect that makes it unreasonably unsafe for normal use, i.e., a design defect. In other instances, a product might have a safe design but become defective because of a poorly produced component or a mistake made during the manufacturing process. 

Any company, entity, or individual person involved with the design, production, or sale of a defective product might be liable for a person’s injuries. Because of this, it’s important to work with a knowledgeable Miami product liability lawyer who can carefully examine the facts of your case and identify who is liable for your damages. A thorough investigation can uncover the root cause of the specific product defect involved and point to the responsible party.

What Damages Are Available in a Product Liability Claim? 

If you were harmed by a defective product, you can pursue compensation for certain physical, mental, and financial losses, or “damages,” you have incurred due to your injury. Typically, these damages cover a range of expenses—including lost wages, medical bills, and various other costs related to the injury—and are categorized as either economic or non-economic. 

Economic Damages

Economic damages are quantifiable financial losses that result from your injury.  

Economic damages can include:

• Medical expenses, such as immediate and future medical treatments, surgeries, and rehabilitation costs.
• Lost wages, including compensation for wages and/or income lost due to being unable to work following the injury.
• Loss of earning capacity, meaning how much the injury impacts your long-term ability to work/earn money.
• Property damage, including any costs to repair or replace personal property damaged by the defective product.

Non-Economic Damages

Non-economic damages are not easily quantifiable, as they do not have a set dollar value, but they are crucial for compensating you for the intangible losses you have suffered due to your injury. 

Non-economic damages can include:

• Pain and suffering, which includes compensation for physical pain and emotional distress.
• Loss of enjoyment of life, for the diminished ability to enjoy day-to-day activities and life experiences.
• Emotional distress, for the psychological impact of the injury, which may include anxiety, depression, and trauma.

Punitive Damages

Additionally, in certain cases, an injured individual may be eligible for punitive damages. Unlike compensatory damages that aim to reimburse specific financial losses, punitive damages are designed to serve as a deterrent, penalizing negligent defendants. These damages are intended not just to restore the victim's financial stability but also to send a strong message against negligence, thereby upholding accountability and preventing future misconduct.

Punitive damages may be awarded in cases where the defendant’s behavior was particularly egregious or reckless. Under Florida law, punitive damages are only available in cases where the plaintiff (the person bringing the claim) can prove that the defendant was grossly negligent or engaged in intentional misconduct. It’s important that you work with an experienced Miami defective product attorney who can help you pursue the full, fair compensation you deserve. 

How Long Do You Have to File a Product Liability Lawsuit in Miami? 

As of March 24, 2023, you have two years from the date of injury to file a product liability lawsuit in Florida. If your injury occurred before this date, your case may fall under the state’s old statute of limitations for negligence claims, which allows four years from the date of injury to bring a personal injury lawsuit against the liable party. Furthermore, if your family member passed away due to a defective product, you have two years from the date of death to file a wrongful death lawsuit. 

In addition to the statute of limitations, Florida has what is known as a “statute of repose.” This bars product liability claims that are initiated more than 12 years after a product with an "expected life" of 10 years or less was first sold to a buyer. In Florida, all products are considered to have an expected life of under 10 years, with the exception of specific commercial airplanes, railroad equipment, and vessels. This typically stops lawsuits involving products that are more than a decade old.  

Why Product Liability Lawsuits Matter

Defective products invade the shelves of every store in the U.S. In some cases, the manufacturer purposefully forgoes a safety inspection or overlooks a faulty feature for the sake of putting the good on the market. In other situations, the manufacturer fails to identify safety concerns that end up affecting the merchandise and consumers. In either scenario, product liability lawsuits are a means of holding a company accountable for their negligence (purposeful or otherwise).

There are two main reasons why every case matters. Below, we explain them both.

Product Liability Cases Affect the Market

Businesses have one priority: making money. This means they will do whatever they can to maximize profits. When companies have the choice of paying top dollar for the most durable materials and best manufacturing, some decide to take the cheaper route and use weaker materials and poor-quality construction. This can lead to a business creating products that do not work as intended. In the best-case scenario, a product will end up malfunctioning. While the consumer will be frustrated, he or she will walk away unscathed. However, other consumers may not be so lucky.

Who is responsible for the injuries caused by a faulty product? Depending on the circumstances, it could be the designer, the manufacturer, or the distributor. In some cases, the owner of the product could even be partly or entirely liable. A product liability lawsuit holds the liable party accountable for the injuries their defective item caused. These cases are the first line of protection for consumers injured by defective products.

Product liability cases also act as one of the numerous ways in which consumers can help raise the quality of products for everyone else who is using them. Products sold in the U.S. must meet certain safety criteria. If a product fails to meet these criteria, or if a product causes injury due to a defect, product liability cases can be utilized as a natural consequence for the company. This will, in effect, raise the safety standard of the specific material good and will disincentivize the company—and others—from making the same mistake.

Product Liability Cases Affect the Consumer

Consumers buy thousands of products every day. Some of these meet consumer expectations; others end up causing injury. When a consumer is seriously injured by a product, they may even need to be hospitalized. They could face months or years of ongoing medical expenses, lost wages, rehabilitation, and more. Is it fair for a consumer to have to pay for these unexpected expenses when a defective product harms them? 

At Stewart Tilghman Fox Bianchi & Cain, P.A., our Miami defective product lawyers believe consumers should never have to pay for the harm they endured due to a faulty product. Instead, they should be compensated for the emotional and physical pain they faced when the product failed.

Miami Product Liability Lawyers Taking on America’s Biggest Corporations

We have fought for hundreds of clients who sustained life-altering injuries because of a faulty product. It is never okay for an injured consumer to have their hardships multiplied by being forced to pay for exorbitant medical bills and other costs. Our defective product attorneys in Miami have represented clients harmed by dangerous products for 40 years. We understand the complex nature of these cases and have the resources to stand up for our clients against large corporations.

We have successfully litigated and tried cases against companies such as:

• Ford Motor Company
• Goodyear
• General Motors
• Firestone
• Chrysler
• Mercedes-Benz
• Carnival Cruise Lines
• Honda Motor Company
• Royal Caribbean Cruise Lines
• Toyota Motor Company

Thanks to our limited caseload, our team can dedicate all of its time, energy, and resources to representing the rights of our clients. Our product liability firm has gone toe-to-toe with the world's largest corporations and manufacturers and won because we are committed to outworking and out-thinking the opposition.

Our Notable Product Liability Cases 

Below are some of the most notable cases our Miami product liability attorneys have handled:

• The largest side airbag verdict in the country
• Chrysler van seat fails in a fatal automobile accident
• Defective IUD causes permanent damage, nearly kills a woman
• Faulty seat collapses in Chrysler van, causing debilitating injury
• Multiple faulty tire cases with deadly consequences settled by Firestone, Ford
• Improperly bolted Chris-Craft cleats cause accidents leading to blindness and brain damage
• Toyota settles faulty seat case that rendered woman quadriplegic

No lawyer's talk speaks as loud as their results. Our Miami defective product lawyers have won hundreds of millions in cases nationwide because we prepare every case for trial. Doing so puts the defense on their heels, making us the more prepared and better-equipped legal team, time and time again. Even when a case eventually settles rather than going to trial, having a powerfully developed claim gives our clients a strong negotiating position, often resulting in more sizable settlements.

Were you harmed by a defective product? Call (305) 770-6335 or contact our Miami product liability attorneys online to schedule a free case evaluation today.