Actionable personal injuries can occur as a result of medical malpractice, someone’s negligence, or a victim’s exposure to or use of a defective product. When a person’s injury or death is determined to have been caused by medical or other negligence or a defect in a product, the injured person or the deceased person’s family may be entitled to compensation through legal action.
The Killino Firm’s Miami, Florida, personal injury attorneys are known nationwide for their expertise and experience with all types of personal injury cases, including those arising out of injuries or deaths caused by negligence, medical malpractice, or defective products. If you have been injured or a love one has died and you suspect that the injury or death was caused by medical malpractice, negligence, or a defective product, The Killino Firm’s Miami personal injury lawyers can help you obtain justice from those responsible for your injuries or loved one’s death. Contact The Killino Firm at 305-559-6340 for a free assessment of your case and additional information about your legal rights and options.
Legal Liability for Personal Injuries
When someone has been injured or killed as a result of medical malpractice, someone’s negligence, or a defective product, liability for the injury or death may be determined through the institution of a negligence, product liability, or medical malpractice action by the injured victim or a wrongful death action by the survivors of a victim who has died as a result of his or her injuries.
Liability for Personal Injuries or Deaths Caused by Defective Products
Defective products often cause the personal injury or death of a person who was using or exposed to a defective product when an accident occurred. In some cases, defective products, such as cars or other motor vehicles, may cause an accident that leads to a victim’s injury or death, even when the victim was not the driver or passenger of the defective vehicle.
Product liability law provides a remedy for victims who have been injured or killed as a result of defective products. Product liability actions may be brought as breach of warranty, negligence, or strict liability claims, but the strict liability form of product liability action is generally preferred when damages for a victim’s personal injury or death are sought. Strict liability claims enable a plaintiff to hold the manufacturers and others in the chain of a defective product’s distribution liable for injuries and deaths caused by the product’s defect even if none of the defendants was negligent in producing the defective product or releasing it to consumers.
Liability for Personal Injuries or Deaths Caused by Negligence
Negligence is the failure to exercise the duty of care owed by an individual or entity to another. When someone sustains a personal injury or dies as a result of another’s negligence, the negligent party may be held liable for the damages suffered by the injured victim or the deceased victim’s family through the institution of a negligence action.
Negligence can occur in myriad ways under any number of circumstances. A hotel owner’s failure to repair dangerous conditions on hotel premises may be found to have negligently caused a hotel patron’s injury or death, resulting in liability of the hotel itself and any hotel employee whose negligence is found to have been a cause of the victim’s injury or death. Negligent drivers may be held liable for injuries or deaths of accident victims determined to have been caused by the drivers’ negligence. Individuals or entities hired to care for elderly persons who cannot care for themselves may be found liable for the injury or death of an elderly person that is found to have been caused by the responsible person’s or entity’s negligence.
Liability for Personal Injuries or Deaths Caused by Medical Malpractice
Medical malpractice actions are a specific form of negligence action and may result in the liability of physicians and other medical professionals who have negligently caused a patient’s injury or death. All medical professionals owe their patients the duty to exercise reasonable care for their patients’ safety and health during the treatment and care of their patients. The breach of a medical professional’s duty of care, which is generally determined through testimony by experts in the field, constitutes negligence on the part of the medical professional that may result in the medical professional’s liability for damages suffered by the patient as a result of the medical professional’s negligent treatment or care.
If you have been injured or one of your family members has died as a result of someone’s negligence, medical malpractice, or a defective product, The Killino Firm’s Miami, Florida, personal injury attorneys can help you obtain the compensation to which you and your family are entitled. Contact Jeffrey Killino at 305-559-6340 for expert and experienced assistance with your personal injury case.