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What You Should Know If Injured By A Defective Product

Every single year throughout the state of Florida and the rest of the country, people are injured in a variety of accidents. While vehicle accidents are certainly the most common, there are other types that can lead to injuries no less severe. A perfect example of this is when you or a loved one is injured by a defective product. This could be anything from a failing part in a vehicle to a child's toy to a bicycle and beyond, but at their core the basic truth remains the same – the product failed in some way and led to your injuries.

When this happens, there is a chance that you may have the grounds to seek financial compensation for your injuries. This is important since it can help make it easier for you to fully recover from the accident. Your physical injuries are often difficult to overcome, but they're even harder to move on from when you're faced with large doctor bills and the financial strain that lost hours at work can bring.

It's not always possible to get compensation, of course. The easiest way to determine whether or not you even have a case is to speak with an attorney. They'll review your situation and help explain to you exactly what options you have to choose from. But knowing a few of the basics can help make it easier for you to figure out exactly what to expect and whether or not you have the grounds to seek compensation.

  • First, it's important to understand that the product must be defective as a result of design or manufacturing, not improper use. For example, you can't use a product in a way it wasn't designed and then sue if you're injured. The product has to have a flaw within it, and that flaw must have led to your injuries.

  • You also can't have known about the flaw ahead of time. Anything that is obvious to a reasonable person, such as frayed sections of an electrical cord, won't allow for compensation since you should know that the product carries the risk of injuring you.

  • If a recall has taken place on the product and you've failed to heed the warnings and return it or have it repaired, you'll be unable to seek compensation as well. The reason is similar to the point above – you're taking the risk on and are fully aware that the risk exists.


Simply put, it must be proven that the product has an inherent flaw that you were unaware of, and that flaw had to have led to the injuries in question. A good attorney will help to prove this and will explain what steps need to be taken in order to prove it within the courts.

Your specific compensation amount can vary greatly depending on the situation. Usually, insurance companies and even product manufacturers will want to take steps to avoid a trial and will therefore offer you compensation in the form of an out of court settlement. A fair amount will be one based upon:

  • Medical bills

  • Future potential medical costs

  • Lost wages

  • Lost wages over the future, as estimated by a professional

  • Pain and suffering

  • Punitive damages


While your attorney is vital for making sure that you are able to get the compensation you deserve, they're also important since they'll help ensure that you are able to get the amount that is fair for your case. They'll understand each of the points above and make certain you don't get taken advantage of by a lowball settlement offer.

It's important that you protect yourself, and that you are able to recover after a serious accident. If you've been injured by a defective product, you should contact a Florida personal injury lawyer as soon as possible to find out what options you have available to you.