If you have suffered an injury due to a defective or dangerous product or drug, you may be wondering how to find a good product liability attorney to protect your rights. While there are numerous personal injury attorneys in Miami, not all are experienced in product liability. Look for a lawyer with experience handling defective-product and complex civil litigation. The firm should know how to preserve the product as evidence, determine what may have caused the defect, identify the companies involved in making and selling it, and bring in qualified experts when needed. It should also have the resources to take on large manufacturers and their insurance companies.
When looking for a good attorney for a product liability case in Miami, ask about the attorney and law firm’s experience and results. Panter, Panter & Sampedro is a family-owned Miami firm that handles product liability and other complex injury cases. The firm’s results include a $2.1 million Baycol settlement and a $1.78 million settlement involving a defective scissor lift. Regardless of the attorney you choose, keep in mind that past results do not guarantee a similar outcome.
Product liability cases often require a deeper investigation than other injury claims. A person may know that a product caused an injury without knowing whether the problem began with its design, manufacturing, instructions, or warnings. Answering that question may require testing data, design records, safety warnings, recall information, reports of similar incidents, and documents from multiple companies involved with the product.
- What kind of lawyer handles faulty or recalled product cases?
- What should I do with the defective product?
- How do I choose the right product liability law firm for my case?
- What should I look for in a product liability firm?
- Panter, Panter & Sampedro’s product liability experience
- Frequently asked questions
In this article:
- What Kind of Lawyer Handles Injuries Caused by a Defective or Recalled Product?
- What Should I Do With a Defective Product After an Injury?
- How Do I Choose a Product Liability Lawyer in Miami?
- What Should I Look for in a Miami Product Liability Law Firm?
- Has Panter, Panter & Sampedro Handled Product Liability Cases?
- Speak With a Miami Product Liability Attorney
- Miami Attorney Brett Panter Explains Types of Product Liability Cases
- FAQs
What Kind of Lawyer Handles Injuries Caused by a Defective or Recalled Product?
A product liability attorney handles injury claims involving products that were defectively designed, improperly manufactured, or sold without adequate instructions or safety warnings. These cases can involve dangerous medications, defective medical devices, vehicle components and safety systems, industrial machinery, household products, and other consumer goods.
Under Florida Statutes § 768.81(1)(d), a products liability action may involve harm caused by the manufacture, design, formulation, installation, preparation, or assembly of a product. Depending on the facts, the claim may be based on strict liability, negligence, breach of warranty, or another applicable law. Your attorney will investigate how the product became dangerous and which businesses may be legally responsible.
A product does not have to be recalled for an injured person to pursue a claim. Some recalls are issued only after injuries or safety problems have been reported, while other defective products and dangerous drugs are not formally recalled. When a recall has been issued, it may provide information about the affected model, serial number, lot or batch, the identified safety risk, and the manufacturer’s knowledge of earlier incidents. However, a recall alone does not establish liability. The evidence must still connect the defect to the product or drug involved and show that it caused the person’s injury.
What Should I Do With a Defective Product After an Injury?
If you believe a defective product or drug caused your injury, preserve the product and the evidence surrounding the incident as soon as possible. What that requires will depend on whether the case involves a household product, vehicle, machine, medical device, medication, or another type of product.
Do not discard, repair, dismantle, alter, sell, or return the product before speaking with an attorney. Some evidence may be owned or controlled by another person or company. This commonly occurs with workplace equipment, rental products, commercial machinery, and vehicles held by towing or insurance companies. Contacting an attorney promptly can provide an opportunity to document the product, request that it be preserved, and arrange an inspection before it is repaired, moved, or destroyed.
Preserve any related materials that are available, including:
- The product, vehicle, machine, component, or medical device involved
- Packaging, labels, instructions, manuals, and safety warnings
- Prescription bottles, medication packaging, pharmacy records, and prescribing information
- Receipts, order confirmations, warranties, maintenance records, and repair history
- Model, serial, vehicle identification, lot, and batch numbers
- Photographs or videos of the product, failed component, injuries, and incident location
- Vehicle data, inspection reports, or information about a seat belt, airbag, tire, or other safety system
- Emails, messages, and other communications with the manufacturer, seller, pharmacy, repair facility, employer, or insurer
- Recall notices and screenshots of product listings
- Medical records, bills, and proof of missed work
Do not continue using a product that may present a fire, electrical, mechanical, contamination, or other immediate danger. If a medication or implanted medical device may be involved, contact the appropriate healthcare provider before changing treatment or stopping a prescribed medication. Protecting your health comes first.
How Do I Choose a Product Liability Lawyer in Miami?
When comparing Miami product liability attorneys, ask about the firm’s experience with cases involving products similar to yours, who will handle the investigation, and how the firm approaches technical evidence and expert analysis.
Questions to ask may include:
- Has the firm handled claims involving defective designs, manufacturing errors, or inadequate safety warnings?
- Has it worked with engineers, physicians, and other experts qualified to evaluate the product and the injury?
- Does the firm have the resources to obtain and review design documents, testing data, safety records, and corporate evidence?
- Who will handle the case and communicate with you?
- How will the product be preserved and its chain of custody documented?
- Does the firm have experience taking complex civil cases to trial?
- How are attorney fees and case expenses handled?
What Should I Look for in a Miami Product Liability Law Firm?
Product liability cases can take time to investigate. They may require technical testing, expert analysis, medical evidence, and records from several companies. Direct access to the attorneys making important decisions can help clients understand what is happening and why certain evidence is needed.
A firm’s size does not determine whether it is qualified to handle a case. What matters is whether experienced attorneys remain involved, communicate clearly, and have the resources to pursue claims against manufacturers, distributors, and insurance companies.
Panter, Panter & Sampedro is a family-owned boutique law firm in Miami. For more than 30 years, the firm has taken a personal approach to representing injured people and families, with clients working directly with the attorneys responsible for their cases. This structure allows the legal team to give each case individual attention while still having the experience and resources required for complex product liability litigation.
Has Panter, Panter & Sampedro Handled Product Liability Cases?
Yes. Panter, Panter & Sampedro has represented clients in product liability cases involving dangerous medications and allegedly defective equipment. Past results include:
- $2.104 million Baycol settlement: The firm represented three plaintiffs in claims alleging that the cholesterol-lowering medication Baycol caused severe medical complications, including renal failure, rhabdomyolysis, and one death. The claims were resolved through settlements totaling $2.104 million. Read the Baycol case result.
- $1.785 million scissor-lift verdict: The firm represented a worker who suffered severe injuries to both knees after falling approximately 15 feet through a scissor lift’s access opening. The claim alleged that the access-chain configuration made the lift defective. The jury returned a verdict of $1,785,843. Read the scissor-lift case result.
- $1.125 million defective vehicle safety system resolution: The firm represented a rear-seat passenger who suffered life-threatening injuries in a head-on collision. After two unsuccessful mediations, the case was resolved for $1.125 million on the eve of trial. Read the defective vehicle safety system case result.
Past results do not guarantee a similar outcome.
Speak With a Miami Product Liability Attorney
If you or a family member suffered a serious injury involving a defective or recalled product, Panter, Panter & Sampedro can investigate what happened and explain your legal options. The firm represents clients in product liability, wrongful death, and other complex injury cases throughout Miami and South Florida.
Contact Panter, Panter & Sampedro for a free, confidential consultation. No Recovery = No Fee.
Miami Attorney Brett Panter Explains Types of Product Liability Cases
Full Transcript
Today I want to talk to you a little bit about what’s called product liability, and what that means, in very simple terms, is that if a product is defective and unreasonably dangerous and someone is catastrophically injured, we’re here to represent you. We bring lawsuits against the manufacturers and distributors of those products. Some examples that I’ve worked on over the many years, and this is just a few, are concrete pumping booms, where the concrete is poured and runs through a boom, and we had a case where one of those collapsed, and it was a defective design. We’ve had crane cases involving construction cranes. We’ve had seatbelt cases. We’ve had construction lifts that were defectively designed. All of these defects caused and contributed to our clients suffering catastrophic injuries, including paralysis and brain damage.
Florida Product Liability FAQs
Do I need a product recall to file a claim in Florida?
No. A product may be defective even when the manufacturer or a government agency has not issued a recall. A claim may still be possible if the evidence shows that the product was defective and that the defect caused the injury.
Who can be held responsible for an injury caused by a defective product?
Depending on how the product was made and sold, potentially responsible parties may include the manufacturer, an importer, a distributor, a wholesaler, a retailer, or another business involved in placing the product into the stream of commerce. Identifying the correct parties requires an investigation of the product’s supply and distribution chain.
Can I file a claim if I no longer have the defective product?
Possibly, but losing or discarding the product can make it harder to determine why it failed. Photographs, videos, purchase records, repair documents, witness testimony, similar incident reports, and other evidence may still be available. An attorney should review the circumstances before you assume that the case cannot be pursued.
Should I return a recalled product after it caused an injury?
Follow any immediate safety instructions needed to prevent another injury, but speak with an attorney before surrendering a product connected to a serious injury. Returning it could remove important evidence from your control. An attorney can discuss how to preserve the product while addressing any ongoing safety risk.
Does a product recall prove that the manufacturer is liable?
No. A recall may provide evidence about a product’s safety problem, affected models, or known risks, but it does not automatically establish liability. A claimant must still connect the defect to the specific product involved and show that it caused the injury.
