Defective Products


If you’ve been injured after using a product in Florida, you may have the right to seek damages to cover your medical bills, lost wages, pain and suffering, and other losses. When a product is sold or used in Florida, the company who sold the product – as well as anyone else in the stream of commerce for that product – owes a legal duty to those who use the product to make sure the product is fit for human use or consumption.  They also owe a duty to make sure that the product is reasonably safe and contains appropriate instructions and warnings. This means that everyone from the designer, manufacturer, wholesaler, distributer, to the retailer can be held liable if the product is defective, unreasonably dangerous, or lacks reasonable instructions and warnings.

Steps you can take if you've been injured by a product in Florida

If you or someone you love has been injured by a product in Florida, there are several steps you can take to protect your rights. The actions you take at the scene of the incident, and the choices you make in the hours and days that follow can have a significant impact on the outcome of your claim should you need to file a product liability lawsuit. Even professionals who have a knowledge of what to do following a product-related injury can find themselves at a loss in the midst of the adrenaline and stress of an injury. Here’s a brief list of things to keep in mind if you’ve been injured while using a product in Florida:

  • Preserve the product and any packaging, instructions, or warnings that came with it.
  • Preserve the receipt or proof of purchase when available.
  • Photograph the scene, the product failure, and your injuries as quickly as possible.
  • Obtain medical treatment following the incident and report all injuries.
  • Report the issue with the product to the Consumer Product Safety Commission.
  • Promptly reach out to our Florida product liability lawyers to preserve your rights and make sure you get the medical treatment you need, as you could waive certain benefits by not timely seeking medical attention. We are here for you.

Defective products recently been recalled

Every year, products are recalled by manufacturers because risks or hazards are discovered. Product recalls can include vehicles, baby or child products, food, medicine, and other products. What are some recent recalls, and what can you do if you have been injured by a product?

  • Vehicle Recalls – Vehicle recalls are common. When a vehicle is subject to a recall, the manufacturer is generally required to notify the person who purchased the vehicle and is required to take steps to repair the vehicle.  However, if you purchased a used vehicle, the second-hand seller of the vehicle may not be legally required to disclose whether the car is subject to a recall, and the manufacturer may not always be able to get in touch with owners who purchased a vehicle used.  What are some options you might have if you think you’ve been hurt due to a defective vehicle or if you are not sure whether your car is subject to a recall?  When a vehicle is subject to a recall, the VIN number of the vehicle is put into a national database.  You can check the VIN number of your vehicle here to see if your vehicle is in the national database for recalled cars.  If the vehicle is subject to a recall, you can contact the manufacturer who may be required to perform a free repair.  If you have been hurt due to the vehicle defect, you may have the right to seek damages for your medical bills, rehabilitation costs, lost wages, pain and suffering and other losses.  Miller Trial Law is a defective products law firm in Florida that may be able to help you.

  • Drug Recalls – Recent drug recalls include the recall of the popular heartburn medication Zantac and the recall of hand sanitizer because of the possible presence of wood alcohol (methanol) in the product. To read the full recall of hand sanitizer released by the FDA, click here.  Methanol exposure in high levels can result in permanent blindness, seizures, nausea, vomiting, headaches, blurred vision, coma, permanent nervous system damage, and death.  Zantac was recalled by the FDA because of the potential presence of NDMA in its products that can potentially cause cancer.  Other lawsuits include talcum powder or baby powder lawsuits, and lawsuits stemming from over-the-counter and prescription drugs that contained impurities.  If you believe you became ill, developed cancer, or suffered a serious injury from using a defective product, or taking a defective drug, Miller Trial Law are product defect attorneys in Florida that may be able to help you.
  • Children and Baby Products – Sleepers, rocking seats, toys, and car seats are frequently recalled because risks to babies are discovered. If your child was tragically injured or killed while using a baby product, your family may have the right to pursue a lawsuit.  Miller Trial Law is Florida defective products law firm that may be able to help you.

These are just some examples of defective products on the market.  The Consumer Product Safety Commission keeps a database of recalled products.  However, sometimes products aren’t recalled until a consumer gets hurt or discovers a defect in the product.  If you’ve been hurt by a defective product or a product that lacked appropriate warnings or instructions, reach out today to our compassionate team at Miller Trial Law for a free review of your potential case.  We stand ready to fight on your behalf, but do not delay as there is only a limited amount of time to bring a case.

Based in Miami, Florida, Miller Trial Law proudly represents clients throughout the entire State of Florida and is available for free virtual and in-person consultations at numerous locations. We can help you every step of the way when it comes to helping you seek compensation for your car accident claim.