Defective Products
The designer, manufacturer and/or seller of defective products may be automatically responsible for damages caused by a product sold to a customer. But, if you were not the purchaser or a foreseeable user of the product, they may not have legal responsibility to you. Also, any alteration of the product from its original condition by anyone may allow the designer, manufacturer and seller to avoid liability.
As to the issue of fault, Florida is a “comparative fault” state, meaning that the percentage of fault can be apportioned among parties – including the injured person. For instance, if a jury finds that the injured person was 50% responsible for the incident, then injured party is awarded only 50% of their damages.
Florida law puts the burden on the injured person to prove both the fault of the designer, manufacturer and/or seller and that their damages are as a direct result of the other party’s fault.
Your damages related to your personal injuries can fall into three possible categories:
1. Past and future medical treatment expenses.
If Medicare and/or Medicaid pays for any of your treatment, you will need to pay them back out of the money you get for your personal injury case at least part of what they paid.
The same may be true if private health insurance paid for some of your treatment.
2. Past and future lost wages/earning capacity.
Under Florida law, if you receive Social Security Disability, there may be a reduction in what you can collect in the personal injury claim for lost wages/earning capacity.
And if you receive worker’s compensation or long-term disability benefits, you may need to pay the insurance company back out of the money you get for your personal injury case.
3. Pain, suffering and the loss of enjoyment of life.
Remember that insurance adjusters have training and experience well beyond the average citizen. If you have any concerns about your case, you need to contact an attorney to discuss and understand legal rights and responsibilities.
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