Fort Myers
Product Liability Lawyer

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Experienced Fort Myers Product Liability Lawyer

When you buy a new product, you expect it to be safe for use and for the manufacturer to provide instructions and any applicable warnings for use. Dangerous and defective products can cause severe injury, devastating victims and their families; and sometimes injuries are fatal. Companies who design, build, and sell new products have a legal obligation to make sure their products are safe through testing and quality control processes during manufacturing.

Even when companies follow through, a faulty design, damage during shipping, or modifications made by wholesalers or retailers can lead to a defective product which causes harm to a consumer.According to the Consumer Products Safety Commission (CPSC), millions of people visit emergency rooms across the United States each year as a result of product-related injuries. If you, your child, or another family member has suffered injuries caused by a defective product, Florida law permits you to seek damages in civil court.

Contact the skilled product liability lawyers at Viles & Beckman in Fort Myers at 239-334-3933 for a free case review and to learn how we can help you after an injury from a defective product.

Advocating for the Injured Since 1995

The product liability attorneys at Viles & Beckman have been committed to helping the injured recover compensation they deserve since 1995. With more than 40 years of experience negotiating, settling, and litigating personal injury cases, including product liability cases, Viles & Beckman’s legal team has recovered millions of dollars of damages for their clients.

We cannot guarantee results in any particular case because each has its own circumstances and defining characteristics; but we can guarantee we will aggressively advocate for you, help you hold negligent companies accountable, and diligently pursue the best outcome for your individual situation.

Commonly Reported Defective Products

The CPSC gathers and analyzes data on defective products and product-related injuries across the United States. It’s impossible to list the thousands of defective products, but you can get an idea of commonly reported defective products by looking at the CPSC product groupings. The following product groupings contain several categories of items which have been reported defective to the CPSC:

• Child nursery equipment

• Toys

• Sports and recreation equipment

• Home communication and entertainment

• Personal use items

• Household containers

• Yard and garden equipment

• Home workshop equipment

• Home maintenance

• General household appliances

• Heating, cooling, and ventilation equipment

• Home furnishings and fixtures

• Home structures and construction materials

• Miscellaneous items such as fireworks, gasoline, and elevators

Large motorized items might also be defective or have defective components. The CPSC tracks things like scooters and mopeds, but they don’t collect data on automobiles, trucks, and boats. Although motor vehicle defects vary widely, defective airbags and defective tires remain commonplace.

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Advocating for Those Injured in Product Liability Accidents Since 1995

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MARCUS W. VILES

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MARIA ALAIMO

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Michael Beckman

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The firm’s continued dedication in advocating for their clients has led to the recovery of millions of dollars from negotiated settlements and court-awarded damages. It’s impossible to guarantee results because each case has distinctive characteristics, but our team will advocate for you, and do our best to build a strong case against liable parties to obtain the best outcome for your individual situation.

The legal team at Viles & Beckman has more than 40 years of experience helping injured clients recover the compensation they deserve for losses related to car accidents and injuries caused by negligent parties.

What Makes a Product Defective?

On a rudimentary level, you understand a defective product is one which doesn’t work; but, when lawyers and courts talk about defective products they refer to specific legal definitions. Like most other states, Florida recognizes three main types of product defects which can lead to a lawsuit:

Design defects

occur in the early stages of product development. When designers conceptually work on a new product it seems safe and a great idea to fill a need in the market place, but in fact, the design is unreasonably dangerous. In product liability suits, a product must pass the consumer-expectation test, or it is defective. Courts assess whether a product “performs as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer.” In some situations, Florida courts also use a risk/benefit test to determine a design defect. This test asks whether the risk of danger from a product design is greater than benefits from using the product.

Manufacturing defects

occur after the design phase of a product, when companies assemble or construct the product. In these cases, the design was safe, but the execution of the design created a defect making the product more dangerous than intended. Manufacturing defects can occur as a result of using cheap materials, the wrong materials, improper construction, poor assembly, and mistakes, such as missing pieces, bad welds, and damaged materials. When products with manufacturing defects end up in the hands of a consumer, it’s often a result of poor quality control at the manufacturing facility.

Information defects

include a broad range of defects related to marketing and instructions associated with a product. Manufacturers have a legal responsibility to warn consumers about hazardous aspects of their product, and when applicable, they must provide instructions for use. When companies fail to provide instructions, improperly label their products, or do not provide adequate warnings to consumers, their products have an information defect. Specifically, Florida courts find products “unreasonably dangerous, if injury from a product could have been prevented by providing a warning or instructions.

How were you injured?

We understand the frustration of dealing with an injury and the financial fallout that comes with expensive medical bills. Losing your ability to work after an injury and being pressured or ignored by the insurance company is something no one should go through.

No matter how you were injured, a Florida personal injury lawyer from Viles & Beckman may be able to help you recover your losses.

Car Accidents

Car accidents happen in the blink of an eye. They can be incredibly disruptive to one’s life, requiring a significant amount of time and money to recover comfortably. We can help.

Motorcycle Accidents

A peaceful joyride cruising around on your motorcycle can come to an end if a careless driver causes a motorcycle accident. Get the compensation you need for your full recovery.

Truck Accidents

Large trucks are different than smaller vehicles; a collision can have catastrophic consequences. Understand your rights if you or a loved one was involved in a truck accident.

Uber & Lyft Accidents

Traffic accident and fatality rates have seen a sharp increase due to the presence of rideshare services in Florida. We can help determine who is responsible for your injuries.

Bicycle Accidents

Even with the best protective gear, riders are vulnerable. Accidents, often caused by negligent drivers, can result in serious or fatal injuries. Seek justice and compensation for your injuries.

Pedestrian Accidents

A pedestrian is rarely at-fault in an accident and often seriously injured. Victims will likely have the right to file for significant financial compensation to help with their recovery.

Trips, Slips and Falls

A fall of any sort can result in life-altering injuries that leave victims struggling to return to their quality of life. The worst part is... these accidents are often preventable. We’re here to help.

Workplace Accidents

The process for workplace accidents can be complicated and stressful when it comes to medical care, time off work, insurance, and more. Professional representation is key.

Catastrophic Injury

Catastrophic injuries generally result in the need for a lifetime of medical treatment and care. Work with a team you can trust to make sure you get exactly what you need for your recovery.

Wrongful Death

Surviving family members can file a lawsuit against an at-fault party for funeral costs, lost wages, and other damages for the loss of their loved one. We are sorry for your loss.

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Liability in a Product Liability Lawsuit?

Under Florida law, a product liability action occurs when harm, injury, or death is “caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.” Any party involved in a product’s chain of distribution might be negligent or strictly liable for damages related to a defect. Parties who you might name in a product liability lawsuit include:

Product Manufacturer

Global companies headquartered in the United States as well as startup companies operating out of garages can face liability from a defective product that causes an injury. Manufacturers of parts which make up larger items such as automobiles, machinery, and boats might also be liable in a lawsuit.

Product Wholesaler or Distributor

Product distributors might be liable in a lawsuit if they knowingly sell defective products to other companies, make defective modifications to the product, or cause damage that leads to a defect.

Shipper

When the manufacturer contracts a third party to ship a product, damage might occur during a pick-up, transport, and delivery. If damage leads to a defect that causes injury or death to a consumer, a third-party shipping company might face a product liability lawsuit.

Retailer

Whether online or in a brick-and-mortar store, consumers who purchase new products expect items to be safe for use. If retailers knowingly sell defective products, make false claims, or provide misleading testimonials about the safety and use of a product, they might be liable for damages even though they didn’t design or manufacture a product.

The skilled Fort Myers product liability lawyers at Viles & Beckman have experience dealing with insurance companies, investigating accidents, and helping clients recover damages for their injuries. Let a qualified attorney handle the details of your case.