Knowing your rights in Florida from Slinkman, Slinkman & Wynne, P.A.: if you are injured by a defective product in Florida, you only have 4 years to file suit

Defective Products - kids equipment

You see them in the news every day. Injuries and death caused by defective products. The fact is, injuries from defective products occur every day in the state of Florida. Manufacturers with even the best reputations and history of producing safe products can on occasion produce a defective product that ends up hurting someone.

 

Today, maybe that person will be you or someone you love. When a person’s injury is caused directly by a defective product, it is understandable that the aggrieved person wants to be compensated by the manufacturer whose product caused their pain and suffering.

 

As with most states, the state of Florida has specific laws which govern the amount of time that an injured party has to file a lawsuit against the product’s producer. In Florida this set of laws are known as the Florida statute of limitations. Specifically, defective products are covered under section 95.11, “Limitations other than for the recovery of real property.” Part of the intent of this section is to distinguish between property damage and injury done to a person.

 

This section of the state of Florida Statutes is listed here: http://codes.findlaw.com/fl/title-viii-limitations/fl-st-sect-95-11.html

 

A person who is injured by a defective product is usually allowed to sue either the manufacturer, seller and/or designer of the product, depending upon the circumstances of the case. The important aspect of the statute of limitations to you, if you are the injured party, is that you have a time limit of 4 years from the last day it can be determined you were injured by the defective product.

 

If you wait beyond the 4 years to file a claim, your case will most likely be dismissed, even if you have a legitimate case. Therefore, it is important for you as the aggrieved party to keep track and maintain proper records of when the defective product caused your injury. And then it is important to follow through, contact an experienced, knowledgeable law firm with attorneys like the ours at Slinkman, Slinkman & Wynne, P.A. who have successfully litigated and won settlements for other people who have been injured by defective products. Do not wait until it is too late!

 

At Slinkman, Slinkman, & Wynne we know that any product may cause injury or death. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to defective products. If you need to have a no-obligation with attorneys who have experience fighting for consumers who have been injured by defective products, then go to http://sswlawfl.com/areas-of-practice/defective-products/.

 

We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred. We have been devoted to protecting the rights of families in south Florida for over 40 years.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

Daubert standard rejection for Medical Malpractice cases makes for key future case law in upcoming trials in Florida

Florida Supreme Court Building

The Florida Supreme Court issued an important ruling recently that looks to be turning back scientific evidence admission standards in civil lawsuits to an older, more plaintiff-friendly requirement.

 

In its 4-2 ruling last month, the state’s highest court cited “grave constitutional concerns” as raised by the Florida Bar’s code and rules of evidence committee regarding the more stringent expert testimony admission rules under the Daubert standard that were put in place by the Florida Legislature on July 1, 2013 and endorsed by Governor Rick Scott.

 

The more lenient standard is known as the Frye standard, named after a case in 1923 (Frye v. United States) that was ruled upon by the Court of Appeals of the District of Columbia. The ruling in that case was then adopted throughout the United States and used for the next 70 years. The move to the more stringent Daubert standard happened in 1993 when the U.S. Supreme Court ruled upon the admissibility of expert testimony in the case of Daubert v. Merrell Dow Pharmaceuticals.

 

Currently Republicans hold a majority in the state Legislature and Governor Scott is a Republican, as well. Meanwhile there are 4 Liberal and 3 Conservative leaning judges on the Florida Supreme Court. In this case all 4 Liberal judges voted against the 2013 statute, while 2 of the 3 Conservative judges voted for it while 1 obstained.

 

As was pointed out in several other articles on this ruling, the move by Florida’s Supreme Court here does not definitively resolve the issue. In fact, the court left open the question, to be decided by a “proper case or controversy.” – meaning that it will be decided by a ruling in a future case.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that these types of rulings have a substantial effect on future medical malpractice and other personal injury civil lawsuit cases. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to medical malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

 

The following articles were used to help in the writing of this article:

http://www.mscesq.com/wp-content/uploads/sites/317/2017/02/sc16-181.pdf

http://www.hptylaw.com/media-publications-florida-supreme-court-rejects-daubert-statute.html

https://blog.expertpages.com/research-trends/florida-supreme-court-rejects-daubert-rule.htm

http://floridapolitics.com/archives/232254-supreme-court-rejects-daubert

http://www.dailybusinessreview.com/id=1202780342439/Florida-May-Be-Reverting-to-Frye-Standard-for-Admissibility-of-Expert-Testimony?slreturn=20170229213337

http://www.jdsupra.com/legalnews/florida-supreme-court-rejects-daubert-64301/