Krupnick Campbell Malone: Personal Injury Lawyers in Fort Lauderdale, Florida

Fort Lauderdale Product Liability Attorneys

Personal injury lawyers representing Broward County, Florida

Every year in the U.S., thousands of people suffer injuries due to dangerous and defective products. Unlike other personal injuries, damages that are caused by the use of a defective or dangerous product are covered by a unique set of laws. In these cases, responsibility may lie with any seller within the distribution chain. Applicable legal theories and statutes of limitation also differ when comparing general personal injury law to product liability, so it’s best to consult with a Fort Lauderdale product liability lawyer as soon as possible after an accident.

Who is responsible?

In a product liability lawsuit, the plaintiff’s case is based on the assertion that a product’s manufacturer, distributor, or seller is liable for the plaintiff’s injury. Broward County courts typically assess liability through two lenses: the characteristics of the product itself and the actions of the manufacturer, seller, and distributor. To establish strict liability, the plaintiff must prove the product was defective in a manner that caused an unreasonably dangerous condition.

Product defects

A product defect may arise from the product’s design, the way it is manufactured, and/or the way in which the product is marketed. The design of a product is defective if the product is exactly as the manufacturer intended; however, the intended design creates a dangerous condition. A design creates an unreasonably dangerous if it results in an end product that fails to perform as safely as a customer would reasonably expect when using the product as intended or when the product is used in a reasonably foreseeable manner.

If a product has a manufacturing defect, the plaintiff must establish that although the original design may have been safe, an error in the manufacturing process caused the plaintiff to receive a product that created a dangerous condition. The manufacturer is liable if the plaintiff was injured while using the product for its intended purpose at the time of injury.

The manufacturer and other parties within the supply chain may be held responsible for a marketing defect. A distributor may be liable if adequate safety warnings were not issued for a product that was otherwise properly designed and manufactured. The plaintiff must establish that the product posed a foreseeable risk of harm and that the issuance of a warning may have eliminated or reduced the risk of harm. Moreover, the plaintiff must prove the failure to issue a warning regarding the risk made use of the product unreasonably dangerous.

Damages

Florida courts apply the pure comparative negligence rule, under which a plaintiff’s recovery may be reduced in proportion to the plaintiff’s degree of fault. If a plaintiff is found to be 10 percent at fault for his or her injury, the plaintiff may still receive compensation; however, the reward amount would be reduced by 10 percent to reflect the plaintiff’s percentage of fault. Nevertheless, plaintiffs in product liability cases have the potential to receive very large judgments. Claimants have received more than $20,000,000 in judgments and settlements for eight separate injuries in wood chipper-related accidents.

Statutes of limitations

In product liability cases, Broward County plaintiffs must file a lawsuit within four years. An exception exists for cases involving wrongful death, which must be filed within two years. Courts also apply the discovery rule to these cases; therefore, the statute of limitations is applied to the date the facts giving rise to the legal claim were actually discovered or should have reasonably been discovered by the plaintiff. Florida courts may also apply the statute of repose, which may bar a plaintiff’s claim if injury occurred while the product was being used beyond its intended lifespan of usefulness.

Product liability law is intended to keep everyday people safe as we regularly interact with a variety of products throughout each day. In Hollywood, Fort Lauderdale and elsewhere in Florida, the laws governing related cases are very complex; therefore, individuals who suspect they have been injured by a defective product should contact a Florida product liability lawyer upon discovery of the injury. Consultations are free and may help the accident victim receive the compensation he or she deserves.

The Law Firm of Krupnick Campbell Malone Buser Slama Hancock is welcoming a new team of trial attorneys and staff to lead its medical malpractice division. With these new additions, Krupnick, Campbell, Malone’s will continue its 45-year history of providing high quality representation to Plaintiffs who have been injured and require legal assistance to secure fair compensation for the losses they have suffered.

Founding partner Jon Krupnick stated “Skip Campbell and I created an unparalleled culture of hard work and enthusiastic trial advocacy on behalf of our clients. We have achieved groundbreaking verdicts and our efforts have resulted in important case law which is relied upon by Plaintiff lawyers throughout the land. The firm and our incoming medical malpractice team shall continue these traditions and remain at the forefront of trial advocacy.”

Malove Henratty, P.A. Attorneys Scott L. Henratty and Randall A. Diez, Jr. joned Krupnick, Campbell, Malone on February 1st, 2019. They will focus on medical malpractice ligation and assist the firm in other catastrophic and serious injury matters.

Since joining attorney Stephen Malove in 2007, Mr. Henratty has focused on medical malpractice and has been responsible for over $120 million in settlements and verdicts over the past decade. Mr. Henratty is a member of the American Board of Trial Advocates and is Board Certified by the Florida Bar as a Civil Trial Law Specialist. Mr. Henratty is the immediate past president of the Broward County Trial Lawyers Association and is also an Eagle member of the Florida Justice Association and he is Board Certified by the Florida Bar as a Civil Trial Law Specialist.

“It is truly an honor to join forces with the trial lawyer icons at Krupnick Campbell. Their vast resources and team approach to litigation is indeed formidable and we are excited to now be a part of that team,” said Henratty.

In addition to Mr. Henratty, associate Randall A. Diez, Jr. and a dedicated team of long-time support staff including Colleen Cheney, R.N. will begin working at Krupnick, Campbell, Malone. Ms. Cheney has been a registered nurse since 1975 and boasts a wealth of clinical experience in both the medical and legal field that is necessary for the complex investigation of medical malpractice cases.

Kelly Hancock, who joined the firm in 1989 after retiring as Broward County’s Chief Homicide Prosecutor, said “It has been the highest privilege to be a lawyer with Krupnick and Campbell for over 30 years. We are truly excited to be bringing in such an energetic group of trial attorneys and staff who have a track record of success and have been so effective at trial, especially in medical malpractice matters.”

As a result of the acquisition of its new medical malpractice team, the law firm of Krupnick, Campbell, Malone, Buser, Slama, Hancock P.A. will consist of 13 trial attorneys, many who have been there for over 30 years. . Krupnick, Campbell, Malone’s nation-wide practice areas include personal injury, wrongful death, premises liability, products liability, medical malpractice, admiralty, aviation disasters and rail accidents. The firm also engages in international litigation and the representation of sovereign nations in a wide variety of contexts and pursues white collar criminals on behalf of corporations, banks and other victims they have defrauded. Over the last 15 years, Krupnick and Campbell has recovered in excess of $2.5 billion for its clients.

The firm has recently celebrated record setting settlements in premises liability, motor-vehicle accident and product defect cases. Krupnick and Campbell’s international division is continuing to expand its practice after unparalleled success and landmark decisions it has obtained in the course of representing multiple foreign sovereigns. Its anti-money laundering division is currently preparing for a $230 million trial in Miami-Dade County.

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The Law Firm of Krupnick Campbell Malone Buser Slama Hancock is welcoming a new team of trial attorneys and staff to lead its medical malpractice division. With these new additions, Krupnick, Campbell, Malone’s will continue its 45-year history of providing high quality representation to Plaintiffs who have been injured and require legal assistance to secure fair compensation for the losses they have suffered.

Founding partner Jon Krupnick stated “Skip Campbell and I created an unparalleled culture of hard work and enthusiastic trial advocacy on behalf of our clients. We have achieved groundbreaking verdicts and our efforts have resulted in important case law which is relied upon by Plaintiff lawyers throughout the land. The firm and our incoming medical malpractice team shall continue these traditions and remain at the forefront of trial advocacy.”

Malove Henratty, P.A. Attorneys Scott L. Henratty and Randall A. Diez, Jr. joned Krupnick, Campbell, Malone on February 1st, 2019. They will focus on medical malpractice ligation and assist the firm in other catastrophic and serious injury matters.

Since joining attorney Stephen Malove in 2007, Mr. Henratty has focused on medical malpractice and has been responsible for over $120 million in settlements and verdicts over the past decade. Mr. Henratty is a member of the American Board of Trial Advocates and is Board Certified by the Florida Bar as a Civil Trial Law Specialist. Mr. Henratty is the immediate past president of the Broward County Trial Lawyers Association and is also an Eagle member of the Florida Justice Association and he is Board Certified by the Florida Bar as a Civil Trial Law Specialist.

“It is truly an honor to join forces with the trial lawyer icons at Krupnick Campbell. Their vast resources and team approach to litigation is indeed formidable and we are excited to now be a part of that team,” said Henratty.

In addition to Mr. Henratty, associate Randall A. Diez, Jr. and a dedicated team of long-time support staff including Colleen Cheney, R.N. will begin working at Krupnick, Campbell, Malone. Ms. Cheney has been a registered nurse since 1975 and boasts a wealth of clinical experience in both the medical and legal field that is necessary for the complex investigation of medical malpractice cases.

Kelly Hancock, who joined the firm in 1989 after retiring as Broward County’s Chief Homicide Prosecutor, said “It has been the highest privilege to be a lawyer with Krupnick and Campbell for over 30 years. We are truly excited to be bringing in such an energetic group of trial attorneys and staff who have a track record of success and have been so effective at trial, especially in medical malpractice matters.”

As a result of the acquisition of its new medical malpractice team, the law firm of Krupnick, Campbell, Malone, Buser, Slama, Hancock P.A. will consist of 13 trial attorneys, many who have been there for over 30 years. . Krupnick, Campbell, Malone’s nation-wide practice areas include personal injury, wrongful death, premises liability, products liability, medical malpractice, admiralty, aviation disasters and rail accidents. The firm also engages in international litigation and the representation of sovereign nations in a wide variety of contexts and pursues white collar criminals on behalf of corporations, banks and other victims they have defrauded. Over the last 15 years, Krupnick and Campbell has recovered in excess of $2.5 billion for its clients.

The firm has recently celebrated record setting settlements in premises liability, motor-vehicle accident and product defect cases. Krupnick and Campbell’s international division is continuing to expand its practice after unparalleled success and landmark decisions it has obtained in the course of representing multiple foreign sovereigns. Its anti-money laundering division is currently preparing for a $230 million trial in Miami-Dade County.

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