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Product Liability

When you use a product of any kind, you rightfully expect for it to work safely. Unfortunately, poorly designed and manufactured products cause countless injuries every day. Any goods used or consumed by individuals are required by law to be safe and hazard-free. If you have suffered as a result of a defective product, contact Panter, Panter & Sampedro today.

    Miami Product Liability Attorneys

    Defective products cases arise when someone (or a group of people) have been injured due to a defective or hazardous product. This defect can stem from a few different factors, namely the manufacturing process, the design, or a lack of warning.

    Manufacturers and sellers of goods may be held responsible for injuries and wrongful deaths caused by dangerous or defective products, even if there is a product recall or the danger was unknown.

    Were you injured by a dangerous or defective product? At the law firm of Panter, Panter & Sampedro, we can help you pursue compensation for your injuries through a product liability claim. Call 305-662-6178 for a FREE consultation.

    What Is Product Liability?

    Fundamentally, product liability is when you hold a manufacturer or seller liable for placing a defective or harmful product into the hands of a consumer. It is of note here that even if you don’t own the harmful product, you can still sue if someone lent or gave the hazardous product to you. Anyone in the chain of manufacturing could get sued. This includes:

    • The manufacturer of the components
    • The assembling manufacturer
    • The wholesaler
    • The retail store owner

    While we tend to think of products as something tangible, the law allows for product liability cases to progress if they include gases, pets, real estate, navigational charts, and more.

    What Is Product Liability Negligence?

    This is when a supplier sells a product with inaccurate labeling, or design defects. Manufacturers can be sued when they fail to exhibit ordinary care. This means that they were not as mindful as they should have been, and as a result of their oversight someone was hurt. There are three different types of product liability negligence:

    • Design defects
    • Manufacturing defects
    • Marketing defects

    Design defects are when the product is dangerous before it was even manufactured, which is to say that it is unreasonably dangerous due to a design flaw. Manufacturing defects occur during the production of the item. A marketing defect is when there is improper labeling, incorrect instructions, or when the safety warnings are not visible enough. This is not meant to be a complete explanation of the elements of negligence, but it is a good starting point.

    What Is A Product Liability Tort?

    A tort is a civil wrong. That means that someone harmed you, and you are seeking justice in the form of compensation. This arises when someone suffers loss or harm. Some acts can lead to both criminal and civil cases, but when we talk about torts we talk specifically about civil law.

    Strict Liability

    Strict liability lawsuits are a specific type of product liability case. This is when someone doesn’t need to prove negligence or fault, because the activity or product is inherently dangerous. This does not mean that the blame is automatic. The defendant may be able to show that the plaintiff was acting carelessly, that there was another cause of the injury, or that the plaintiff used the product in such a way that could lead to injury even if they knew about the defect.

    In order to win a strict liability case, the plaintiff must prove that the product was unreasonably unsafe, that the seller thought that the product wouldn’t be changed, and that the plaintiff was injured.

    When you think about this area of the law, think about dynamite, nuclear energy, and exotic animals such as tigers or alligators.

    Defective Products

    A defective product is defined as any product that is dangerous when it is being used for its intended purposes, without any changes being made to it. This can include food items, medical devices, and children’s toys. A defective product lawsuit can occur when something that you bought causes injury.

    How Certain Products Are Dangerous

    When we make a trip to the store, we don’t want what we buy to hurt us. Unfortunately, manufacturers are not perfect. There are a few different steps where someone can make a mistake. This can be at the very beginning, in the design, all the way until the product is on a shelf. No matter what happens, if you have been hurt, you don’t want to navigate the legal system on your own.

    Product Liability Lawsuits Protect Consumers

    Product liability lawsuits force manufacturers and distributors to consider the cost of endangering consumers. A dangerous product lawsuit could potentially create product changes that save lives and prevent future injuries.

    Product liability claims are complex and require skill, experience and the resources to outlast big corporations. Our lawyers work closely with engineering, safety and medical experts to demonstrate to insurance companies and juries how products caused injuries.

    Our courtroom demonstrations involve scale models, computer animations and accident reconstruction exhibits. Medical illustrations, along with computer simulations, are prepared to help juries understand how defective and dangerous products have caused serious injuries or death.

    The Panter Law Difference

    Our expert team of attorneys is ready to fight for you today. Based right here in Miami, we have tons of experience fighting for everyday citizens of Florida. We know how scary it can seem, fighting legal battles after you have been hurt. That is why our team will be in your corner, by your side every step of the way. Call us today at 305-662-6178 to get started with a FREE consultation.

    Past Product Liability Cases

    Construction Site Case: Panter, Panter & Sampedro re-created a model scissor lift to exact scale of the actual scissor lift involved in the case of a seriously injured worker. The model was used as a courtroom exhibit demonstrating how the worker fell and destroyed his kneecaps. After a lengthy trial, the jury returned a $1.7 million verdict. The case was later appealed to the 3rd District Court of Appeal and ultimately argued in front of the Florida Supreme Court by Mitchell Panter. The high court affirmed the verdict, resulting in compensation to a young working man for his medical expenses and loss of employability.

    Food Safety Case: Our Miami, Florida, defective product attorneys have won product liability cases involving injuries caused by eating tainted seafood, particularly oysters. We are prepared to handle cases involving E. coli-contaminated produce, peanut products and beef.

    Negligent Installation, Design and Manufacture Case: Our firm made a substantial recovery for a client who suffered serious lacerations from a shed. We discovered that the shed was improperly designed, manufactured and constructed and demonstrated liability on the part of the manufacturer who made the shed and the distributor who installed it.

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    Panter, Panter & Sampedro

    Panter, Panter & Sampedro

    Personal Injury

    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can, for FREE. Call 305-662-6178 to speak directly with one of our knowledgeable personal injury lawyers to review your case at no charge and see below for more information.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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