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When you purchase a product for use in your home or with your family, you expect that the product will perform in a certain way: most importantly, you expect it to conform to a reasonable standard of safety when you use it. As long as you use the product to the manufacturer’s specifications, you believe that you should not have problems with that product that will place your family in danger.
Unfortunately, sometimes, products do not work as they should. A damaged product, or one that does not adhere to vital safety standards, can pose a substantial danger to those who use it and even others around them.
If you suffer injuries due to a defective product, you may have the right to compensation. Contact Perenich Law Injury Attorneys today to learn more about your rights.
At Perenich Law Injury Attorneys, we stand as a voice for those who might not have the ability to speak for themselves. We have a strong history of helping Tampa accident victims recover the compensation they deserve.
In one notable case, we helped a plaintiff who injured his hand and severed fingers due to defective well-drilling equipment. The plaintiff recovered $300,000 in compensation for those injuries. Every case is unique, but our attorneys have the experience to help you throughout your case.
Our team of compassionate attorneys aims to help victims throughout the Tampa area gain a better overall understanding of the compensation they deserve and help them fight for that compensation.
At Perenich Law Injury Attorneys, we start by ensuring that our clients have a solid understanding of the financial damages caused by their accidents and the compensation they may deserve as a result. Sometimes, defective product injuries may result in substantial injury, including burns, broken bones, amputations, or head trauma. Those injuries may mean significant medical bills and a long road to recovery, which makes total compensation for injuries critical.
Unfortunately, insurance companies do not always offer the same reasonable assessment of the damages you deserve. Instead, they may try to minimize the compensation they have to pay out, which may leave you struggling in the aftermath of your accident. We help our clients take a comprehensive, big-picture look at their ongoing expenses related to the accident and put together a claim that incorporates those critical elements.
The journey to securing compensation in a product liability claim can be complex. To establish that the product manufacturer bears liability for your defective product incident, you will need to show that you used the product correctly and reasonably, per the manufacturer’s instructions, and that you did not use the product dangerously or in a way that increased the risk of an accident.
Next, you will need to show that your injuries do not constitute an ordinary risk of using the product. For example, if you suffer burns while using a lighter because you tipped the lighter in the wrong direction or held your hand directly next to the flame while in use, you might not have grounds for a claim. On the other hand, if the lighter explodes in your hand due to a manufacturer defect, you might have the right to move forward with a product liability claim.
We will investigate all the details of our clients’ defective product accidents to determine precisely how they occurred, then put together a compelling claim establishing the manufacturer’s liability.
Dealing with the product manufacturer or the product manufacturer’s insurance company as you manage a product liability claim can turn into a nightmare. While you know you have sustained severe injuries, the manufacturer may want to decrease liability as much as possible, and you may have a hard time getting the total compensation you deserve for those injuries.
We take over dealing with the insurance companies in our clients’ product liability claims, which can decrease our clients’ stress levels and make managing those claims easier.
Product liability claims may fall under a broad umbrella, as can the types of injuries sustained by the injured party. For example, suppose that an improperly wired battery compartment bursts into flames: the person might suffer severe burns.
Alternately, suppose that the rungs of a ladder break while a contractor stands ten feet above the ground. When they fall, they might sustain broken bones, traumatic brain injury, or spinal cord injury.
A victim who uses a faulty medical device might suffer a wide range of potential impacts, including an increased risk of complications or death.
However, product liability incidents fall into several categories based on the specific incident and how the damage occurred, making it easier to determine who bears liability for the defective product.
Sometimes, defective products result from flaws in the overall product design. Defective designs frequently occur in automobiles. In some cases, the manufacturer assumes that the design will work effectively but does not conduct adequate testing before the product goes to market. Later, it becomes clear that the automobile has a severe flaw that may substantially endanger the people using that product. When the design itself has vital flaws, consumers often cannot use the product safely.
Sometimes, defective designs lead to product recalls in which the company repairs the damaged object. However, the company may recall the product altogether in other situations because it cannot effectively repair the product.
Sometimes, the product design offers a reasonable, effective, and safe way to use the product, but the manufacturing process has some flaw that makes the product dangerous for those who use it. Defective manufacturing processes, including errors in manufacturing, can either cause damage to a large number of products or specific products.
For example, when the plastic runs out while constructing a series of products and the less-protected item goes through without getting pulled from the line, it may lead to a single seriously damaged product. On the other hand, a flaw in a mold or the manufacturing process itself could lead to serious dangers in several products produced at the same facility.
When products have defects due to the manufacturing process, especially if multiple products in the same line have that defect, the manufacturer may recall the product and replace it with an undamaged one. Unfortunately, that recall may not come quickly enough to protect hundreds or even thousands of users.
Sometimes, products naturally pose a danger if consumers misuse them or do not follow instructions. Most products come with a list of warnings. Examples include the standard warning not to use a hairdryer near or over open water and warnings about leaving a curling iron or other product plugged in unattended.
Many of those warnings seem like common sense instructions. However, warnings might prove necessary for some customers to avoid serious injury. Product manufacturers must issue careful warnings regarding the use of their products, including the correct use of products that users may sometimes choose to use in unexpected or dangerous ways. Furthermore, manufacturers must issue clear instructions on using a product properly so that those products do not cause unnecessary risk to the consumer.
When you suffer severe injuries in a Tampa defective product accident, you will often pursue compensation through the liable manufacturer. However, in some cases, other entities may share liability. For example, other parties who might be liable might include a shipping partner that damaged the product during transit or a store that sold a known damaged or recalled item.
Talk to your lawyer about which parties may bear liability for your defective product incident and the steps you need to take next to protect yourself.
Next, you may want to talk to your lawyer about the compensation you deserve for injuries suffered due to a defective product. No attorney can guarantee the amount of compensation you will recover after your defective product accident. However, at Perenich Law Injury Attorneys, we can help you understand the compensation you may deserve to provide you with a better understanding of your next steps. Depending on your situation, you may be able to recover:
After a defective product accident, dealing with high medical costs can leave you struggling financially. Often, those medical costs can continue to rise for a long time after the accident. For example, if you suffer severe burns, you can expect to spend months receiving treatment. Even seemingly minor injuries, such as a broken finger, can lead to substantial medical expenses, especially if you need to undergo multiple procedures or need to go through therapy following your injury.
Talk to a lawyer about your medical costs, including any procedures that you anticipate needing in the future. A lawyer can help you establish the full extent of those medical costs and how to file a personal injury claim that includes them.
Many people do not consider the income they may lose following a severe product liability incident, but it can prove extensive. Severe injuries may mean that you miss a lot of time at work. Time away from work could include time immediately after the accident when you cannot work due to ongoing pain or the limitations posed by your injuries.
It can also include ongoing time missed at work because of the larger extent of your injuries. Then, you may have to miss work due to follow-up procedures, from meetings with your doctor to review your symptoms and your healing to your ongoing physical or occupational therapy. Those lost wages can add up substantially.
In extreme cases, your defective product accident may prevent you from working entirely or prevent you from working in your former field. In those cases, you may have the right to claim compensation for lost earning potential, which may make it easier for you to seek new certifications or build a new source of income.
In addition to the compensation for the direct financial losses you sustained in the accident, most defective product claims will allow some compensation for pain and suffering related to the accident. Pain and suffering may not encompass direct financial losses, but it does include the many challenges you may face as a direct result of your defective product injuries. For example, your accident may cause an immense loss of overall independence that leaves you feeling very disconcerted and out of sorts, or you may have to deal with immense physical pain during your recovery.
When a defective product causes serious injury, whether you deal with the manufacturer directly or pursue compensation through an insurance company, you may have to deal with several strategies designed to help reduce the settlement the insurance company or manufacturer has to pay.
These strategies may include:
Working with a lawyer can help you establish your full right to compensation following a Tampa product liability accident.
If you suffered serious injuries in a defective product incident, Perenich Law Injury Attorneys can help. Our team has years of experience helping clients through some of the most challenging times of their lives, navigating complicated products liability cases. Contact us today at (813) 694-7940 for your free consultation.
Perenich Law Injury Attorneys – Tampa Office
Phone: (813) 694-7940