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Fort Lauderdale product liability attorneyWhen you purchase an item that is materially different from how it was marketed and represented, you may have a false advertising or breach of warranty claim under Florida law. There are important steps to take if you find yourself in this frustrating situation as a consumer. A Florida attorney can help you take each action so you know exactly what to do.

Gather Evidence

Carefully examine the product and keep it in its condition when purchased. Take photos and videos showing the issues and save all packaging and manuals. Also, gather any sales receipts, warranty info, online listings, ads, emails, and other evidence. You will want to prove as much as possible so the company cannot come back with any counterclaim.

Research Applicable Laws

Florida’s Deceptive and Unfair Trade Practices Act prohibits false, misleading, or deceptive advertising of products and services. You may also have claims under breach of express warranty or implied warranties of fitness and merchantability laws if the product did not match reasonable expectations.

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Fort Lauderdale personal injury lawyerSlip and fall accidents frequently occur in Florida retail establishments, restaurants, hotels, and other business properties. However, determining legal liability when you suffer injuries from a premises fall can be complicated. A Florida lawyer can help you determine if your case has enough evidence to prove you were not at fault and what else to know about Florida law.

Businesses Have a Duty of Reasonable Care

Business owners must maintain their properties reasonably safe for lawful visitors like customers and invitees. This includes regularly inspecting for and fixing hazards that could cause slips, trips, or falls, like wet floors, uneven surfaces, poor lighting, cluttered aisles, and more. If a business knowingly fails to correct or warn about a dangerous condition that injures someone, it can be sued for premises liability.

You Must Prove Negligence

However, Florida law does not automatically make businesses liable anytime someone falls on their property. To recover damages, the injured person must prove:

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Fort Lauderdale product liability lawyerChristmas is one of the most exciting times of the year for children. They end up with new toys, and the excitement is unbearable. However, it is important to be cautious of lead levels, especially with unfamiliar brands. You should know that you have rights if you end up finding high lead levels in your child’s toy. A Florida lawyer can help you with what to do for the next steps to seek a product liability case.

Obtaining Prompt Medical Testing

If lead exposure is probable from a toy, immediately consult your pediatrician about getting your child’s blood tested. Even small concentrations of ingested or inhaled lead absorbed into the body can inflict severe neurological damage, especially in young children.

Blood testing by a medical professional determines your child’s current blood lead levels. Elevated concentrations above the CDC reference range will likely necessitate medical treatment to bind and remove lead, preventing lasting health consequences. Carefully obtain and document these test results as evidence.

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Fort Lauderdale motorcycle accident lawyerYou were recently involved in a motorcycle accident caused by a negligent driver. You have serious injuries and mounting medical bills. The insurance company is giving you the runaround. Your life feels like it is falling apart. What should you do now? You have options and deserve to know what they are and how a Florida lawyer can help you.

Follow these key steps to protect your rights and work towards the compensation you deserve:

Document Your Injuries

Be sure to record all aspects of your motorcycle crash-related injuries fully. Take photos documenting cuts, bruises, casts, or assistive devices. Note all symptoms and impairments in a journal. Get written statements from others about how your injuries limit daily activities. Save all medical paperwork and bills. Thorough injury documentation builds a claim.

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FL injury lawyerIf you have suffered an injury in Florida caused by a defective product, you may have a valid claim against the manufacturer or seller. Here is what you need to know about pursuing compensation through a product liability lawsuit with a Florida personal injury lawyer.

Proving the Elements of Your Claim

To successfully file a defective product suit in Florida, three key elements must be established:

  • Defect - The product contained a defect when sold that caused it to be unreasonably dangerous. This includes manufacturing flaws, design defects, and inadequate safety warnings. Evidence from experts is often required to demonstrate the product was defective.
  • Causation - The defective product directly caused injury or damages. Medical records, testimony from doctors, and accident reports can help prove the defect that led to your injury.
  • Damages - You must have suffered physical, financial, or emotional harm due to the defective product. Bills, receipts, and records of lost income help show the extent of damages experienced.

Time Limits for Filing Your Lawsuit

Under Florida statute 95.11, you typically have four years from the exact day of injury to file a product liability lawsuit. This time limit can be extended in certain cases, such as discovery of the defect at a later date. An experienced attorney can request an extension if warranted.

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