The Didier Law Firm specializes in representing consumers who have been catastrophically injured or killed due to defective or unsafe products. While defects take many forms, cases involving unsafe products usually involve claims of design defects, manufacturing defects and failure to warn claims. Henry Didier, the firm’s founding partner, has experience litigating a wide range of product defect cases. For easy reference, below is a breakdown of some of the firm’s major practice areas in the area of product safety.
[quote]Representing you in defective and unsafe product cases.[/quote]
When representing consumers involved in vehicle accidents resulting in catastrophic injuries or wrongful death, the possibility that a defect in the design, manufacture or warnings related to the vehicle involved in the accident should be examined. Automotive defects are varied as the vehicles found on American roadways, and a fact specific inquiry is necessary to determine what defect issues may have contributed. Some of the most common automotive defect claims involve aged tire claims, airbag defects, child seat defects, crashworthiness claims, fuel system defects, glass claims, occupant ejections, rollover accidents, roof crush, seatback failures, seatbelt defects, tire failures, tread separations, trailer sway and vehicle stability claims.
Catastrophic Injury Cases
Catastrophic injuries can have life altering affects for both the victim and the entire family.
Consumer Product Defects
Defects in consumer products are as varied as the array of products available to consumers for purchase. The term “consumer products” can be used to describe household products, items used in everyday activities: all-terrain vehicles, golf carts, watercraft and jet skis, lawnmowers, household tools, common safety equipment like helmets and eye protection, or any other product that consumers find themselves utilizing.
Heavy Equipment Defects
Heavy equipment accidents are one of the leading causes of serious injuries and deaths in the workplace and on construction sites in America. Often, the sheer size of the equipment itself increases the likelihood of a serious accident. While tragedies involving heavy equipment often involve allegations that the operator was not properly trained, that the equipment wasn’t adequately maintained, or that unsafe jobsite practices were involved, the possibility of a product defect playing a role must be explored.
Industrial Product Defects
Industrial products are as diverse and varied as the businesses and manufacturing operations that drive the economic engine of this country. Many of the consumer products we use everyday are built or constructed using industrial machinery. By their very nature, they are often designed to do specific things or perform certain functions, and are operated by both skilled and unskilled laborers.
Medical Devices & Pharmaceutical Drug Claims
For a medical device or pharmaceutical drug to reach the market, it has undergone rigorous testing and must receive pre-market federal governmental approval from the FDA. However, defects and severe side effects that may have been latent during the testing and approval process can and do exist. Additionally, failures in the manufacturing process itself, which occurs after governmental approval is granted, can result in defective products and drugs reaching the market. Often, these post-approval manufacturing defects are caused by poor quality control or inadequate safe manufacturing practices.
Spoliation of Evidence
Spoliation of evidence claims arise when evidence necessary to pursue a claim is destroyed by someone who owed a duty to prevent such destruction. In many of these cases where evidence has been destroyed, the guilty party will claim that they did not have a “duty” to preserve the evidence, and, therefore, cannot be held responsible. In Florida, a duty to preserve evidence can arise by contract, by statute or by a properly served discovery request after a lawsuit has been filed. Florida does not recognize a common law duty to preserve evidence, so in the absence of a contract, statute or valid request, a spoliation claim will likely fail.