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Orlando Product Liability Lawyer

At the Law Offices of James O. Cunningham, P.A., we recognize the profound impact that defective products can have on individuals and families. Product liability law encompasses the legal principles that hold manufacturers, distributors, and sellers accountable for the safety and reliability of their products. As a leading firm in Orlando, Florida, our practice is dedicated to navigating the complexities of Orlando product liability accidents while advocating fiercely for those who have suffered harm due to negligence or design flaws. With a steadfast commitment to our clients' well-being and a track record of successful outcomes, we are comitted to providing experienced legal representation while pursuing justice on behalf of those affected by unsafe products.

Understanding Orlando Product Liability Law

Product liability law establishes the legal obligations of manufacturers, distributors, suppliers, and retailers concerning the safety and reliability of their products, holding them accountable for any injuries or damages resulting from defects or hazards. In the state of Florida, product liability claims commonly stem from negligence, strict liability, or breach of warranty theories. Plaintiffs who file product liability cases have the opportunity to seek compensation for a diverse array of harms, ranging from personal injuries to property damage and economic losses incurred due to the defective or unsafe nature of the product.

Key Concepts in Orlando Product Liability Law

Product liability law in Florida encompasses several fundamental concepts that are essential for understanding the legal framework governing manufacturers, distributors, suppliers, and retailers. These key concepts include:

  • Negligence: Negligence is a foundational principle in product liability cases, requiring plaintiffs to demonstrate that the defendant breached a duty of care owed to consumers, leading to foreseeable harm. This breach of duty may involve failures in design, manufacturing, or warnings about potential risks associated with the product.
  • Strict Liability: Florida follows the doctrine of strict liability in product liability cases, which holds manufacturers and sellers accountable for defects in their products regardless of fault. Under strict liability, plaintiffs do not need to prove negligence; they must only establish that the product was defective and that this defect caused their injuries or damages.
  • Breach of Warranty: Product liability claims may also arise from breaches of express or implied warranties. Express warranties are specific promises or representations made by the manufacturer about the quality or performance of the product, while implied warranties, such as the implied warranty of merchantability, are automatically imposed by law.
  • Causation: Establishing causation is a critical element in product liability cases, requiring plaintiffs to demonstrate that the defect in the product directly caused their injuries or damages. This may involve proving that the defect was a substantial factor in bringing about the harm suffered by the plaintiff.
  • Types of Harm: Plaintiffs in product liability cases may seek compensation for various types of harm, including personal injury, property damage, economic losses, and emotional distress. The extent of damages awarded may vary depending on the severity of the injuries and the impact on the plaintiff's life.

Understanding these key concepts is essential for both plaintiffs and defendants in product liability cases in Florida. By grasping the principles of negligence, strict liability, breach of warranty, causation, and types of harm, parties can navigate the legal process effectively and advocate for their rights under Florida's product liability laws.

Types of Orlando Product Liability Cases We Handle

The Law Offices of James O. Cunningham, P.A. represents clients in a wide range of Orlando product liability cases, including but not limited to:

  • Defective Medical Devices: This category encompasses medical devices, implants, or equipment that are flawed in design, manufacturing, or labeling, leading to patient harm. Examples include faulty pacemakers, defective hip implants, or malfunctioning surgical instruments.
  • Dangerous Pharmaceuticals: Dangerous pharmaceuticals refer to medications or drugs that cause harm or adverse effects beyond their intended purpose due to defects in formulation, labeling, or inadequate warnings. Examples include prescription drugs with undisclosed side effects, improper dosages, or insufficient instructions.
  • Automotive Defects: Automotive defects involve flaws in vehicles or their components that compromise safety and performance, leading to accidents, injuries, or fatalities. Common examples include faulty airbags that fail to deploy during collisions, defective brakes that cause sudden loss of braking power, or design defects that make vehicles prone to rollovers.
  • Defective Consumer Products: Defective consumer products encompass a wide range of everyday goods purchased for personal or household use, including appliances, electronics, tools, and children's toys. These products may have design flaws, manufacturing defects, or inadequate warnings that pose risks of injury or harm to consumers.
  • Hazardous Chemicals and Toxic Substances: This category involves exposure to hazardous chemicals or toxic substances in various contexts, such as workplaces, consumer products, or environmental contamination. Examples include exposure to carcinogens in industrial settings, toxic chemicals in household cleaners, or environmental pollutants leaching into drinking water sources.
  • Food and Beverage Contamination: Food and beverage contamination occurs when consumable products become tainted or adulterated, posing health risks to consumers. Contamination can result from pathogens, foreign objects, toxins, or improper handling and storage practices. Examples include outbreaks of foodborne illnesses from contaminated produce, tainted meat products, or contaminated water sources.

No matter the nature of your injury or the type of product involved, James O. Cunningham has the knowledge, resources, and dedication to effectively pursue your claim.

Common Types of Injuries

Injuries from a defective product can vary widely in their nature, severity, and impact on the affected individuals. Some common types of injuries associated with Orlando product liability cases include:

  • Physical Injuries - Physical injuries range from minor cuts, bruises, and sprains to severe trauma, fractures, and amputations. These injuries can occur due to accidents caused by defective products, such as slips and falls, collisions, or equipment malfunctions.
  • Burns and Scalds - Burns and scalds can result from exposure to defective appliances, electronics, or products containing hot liquids or substances. These injuries may range from minor burns requiring first aid to severe burns causing permanent disfigurement, nerve damage, or even death.
  • Traumatic Brain Injuries (TBIs) - TBIs can occur due to head trauma sustained from accidents involving defective automotive parts, sports equipment, or falls caused by faulty products. TBIs may result in concussions, contusions, or more severe brain injuries with long-term cognitive, behavioral, or physical impairments.
  • Spinal Cord Injuries (SCIs) - Spinal cord injuries can occur from accidents involving defective vehicles, unsafe workplace equipment, or recreational products. These injuries may lead to partial or complete paralysis, loss of sensation, or impaired motor function, significantly impacting the victim's mobility and quality of life.
  • Internal Injuries: - Internal injuries may result from defective medical devices, pharmaceuticals, or consumer products causing harm internally. Examples include organ damage, internal bleeding, or perforations caused by medical implants, medications, or ingested foreign objects.
  • Psychological and Emotional Injuries - Product-related injuries can also have psychological and emotional consequences, such as post-traumatic stress disorder (PTSD), anxiety, depression, or emotional distress. These injuries may result from the trauma of experiencing accidents, coping with physical disabilities, or dealing with the aftermath of injuries.
  • Fatalities - In the most tragic cases, product-related injuries can lead to fatalities, resulting from accidents, complications, or adverse reactions to defective products. Wrongful death claims may arise, allowing surviving family members to seek compensation for their loss and hold responsible parties accountable.

What to Do If You've Been Injured by a Defective Product

If you've been injured by a defective or unsafe product in Orlando, it's crucial to take immediate action to protect your health and legal rights. First and foremost, seek medical attention for your injuries as soon as possible. Preserve the defective product, along with any packaging, instructions, or documentation related to the incident. Document the details of the accident, including photographs of the product, your injuries, and any property damage incurred. Refrain from discarding or altering any evidence that may be relevant to your case. Finally, consult with an experienced Orlando product liability attorney like James O. Cunningham, who can assess your situation, explain your legal options, and guide you through the process of seeking compensation for your injuries and damages.

Why Choose James O. Cunningham for Your Product Liability Case?

With a proven track record of recovering millions of dollars in compensation for product liability victims throughout his career, James O. Cunningham has earned recognition from clients and colleagues alike. His extensive experience in Orlando product liability law equips him with the knowledge and skills necessary to navigate complex legal challenges and pursue favorable outcomes for his clients. At the Law Offices of James O. Cunningham, P.A., clients receive personalized attention and guidance, ensuring that they receive the support and advocacy they deserve. While many cases can be resolved through negotiation or settlement, Mr. Cunningham is always prepared to take cases to trial if necessary to achieve justice and fair compensation.

Contact Us Today

If you or a loved one have been injured due to a defective product, please contact Orlando product liability lawyer James O. Cunningham today at (407) 425-2000 to schedule a free 30-minute case evaluation. Allow us to advocate for your rights and pursue the justice and compensation you rightfully deserve, while you concentrate on your healing and recovery.

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  • 5 StarsMr. Cunningham is an excellent and knowledgeable attorney.

    I would and have recommended Mr. Cunningham as an attorney. I am extremely happy with the service he has provided for me and my family. I will definately use Mr. Cunningham in the future if I ever need an attorney again.

    - John, a Personal Injury client