Speak With Our Tampa Product Liability Attorneys Today
If you’ve been injured due to the failure of a hip implant that was installed through a hip replacement surgery, you may have a right of action against the product manufacturer under Florida law. Products often fail due to inherent defects, and it is the manufacturer’s responsibility to correct such defects or warn end-users so that they are fully aware of the risks involved. Failure to do so could give rise to significant civil liability.
At The Florida Law Group, we can help you litigate a product liability claim based on a defective hip implant. Since our founding, we have secured significant, favorable results on behalf of our clients through both trial verdicts and settlements. Contact us today to learn more.
Product Defect Claims in the Context of Hip Recalls
Product defect claims are actionable when the product is defective (i.e., when it exposes the end-user to an unreasonable and unforeseeable risk of harm) and when the defect has caused the plaintiff’s injuries. Product defect claims operate on strict liability principles. As such, you need not prove that the manufacturer negligently created the defect at issue. All you have to do is prove that the product is actually defective.
There are three primary types of defects:
Manufacturing defects may be caused by errors or batch-related issues that are not intended by the original design, such as the manufacturer using cheaper materials for a batch.
Design defects are aspects of the original design of the product that can expose the plaintiff to unreasonable dangers. For example, suppose that a hip implant has a design that makes it likely to damage surrounding tissue. If there was a reasonable alternative design, then the manufacturer could be held liable.
Failure to Warn
When a product is inherently dangerous, end-users must be made fully aware of the risks. The manufacturer has a duty to warn end-users about the inherent risks by properly labeling the product and providing adequate instructions to treating physicians and consumers.
Product Recalls Can Strengthen a Defect Claim
Product recalls are rather common in the context of hip implants. When a hip implant/replacement system is recalled by the device manufacturer, however, it’s important to understand that the recall does not automatically prove that the product is defective. The recall may be one of many factors that lend support to your argument and may therefore strengthen your case overall. Generally, manufacturers conduct product recalls in an effort to minimize their potential liability, as they have come across data (internally or externally) that has them concerned about the failure rates of the product.
When a product recall has taken place, attorneys may bring similarly-situated parties (i.e., other plaintiffs who have been injured due to the hip implant/replacement defect) together in a mass tort action against the manufacturer. By moving forward with a mass tort action, plaintiffs are able to take advantage of pooled resources and shared factual discovery.
Contact The Florida Law Group to Setup a Free Consultation
The Florida Law Group is a boutique litigation firm serving a variety of clients in personal injury disputes that include those centered around product defect claims, such as hip implant defects (and associated recalls). Our attorneys have decades of experience representing the interests of injured clients and have gained critical insight into the strategies employed by opposing counsel in product defect lawsuits, enabling us to overcome the challenges presented by such litigation.
Unlike many of our competitors, we are focused on providing client-oriented legal representation. From the moment we are brought onto a case, we invest the time, effort, and attention necessary to learn about the client’s goals and limitations, and we tailor our representation accordingly.
Ready to move forward with your claims? Call 813-694-3601 or send us a message online to schedule a free and confidential consultation with one of the skilled Tampa product liability attorneys at The Florida Law Group today.