Defective Products Lawyer

Vero Beach, FL



If you’ve been harmed by defective products in the Vero Beach area, the attorneys at Gould Cooksey Fennell are ready to fight tirelessly for you. Since the 1950s, our team of attorneys has passionately represented clients who have been victims of product liability situations. We’re a well-established law firm that offers years of experience and a team of professionals who will care for you and your loved ones as though you’re part of our family. We provide personal attention, and we’re serious about getting justice for everyone. We proudly represent clients across the Indian River County community.

Gould Cooksey Fennell is the best law firm for doctor malpractice because we’re a well-established law firm with a lot of experience in this field. We offer passionate representation and will work tirelessly for you, giving you the personal attention you deserve. Our attorneys are zealous about getting justice for everyone, and we care about the community. The residents of Indian River County have trusted us for years, and we’re proud of the track record we’ve delivered to our clients.

Proving Product Manufacturer Negligence Under Florida Law

Under Florida law, negligence in product liability cases must be proven in court with the following criteria:

  • The product manufacturer has a legal duty to design or manufacture a product that is safe for use
  • Manufacturer of the product did not comply with that duty
  • Plaintiff suffered an injury that was legally determined to have been caused by the manufacturer’s faulty product
  • Damages were suffered by the plaintiff


Accidents take place every day, but that doesn’t mean you might not be owed money just because you were the victim of an “accident”. Sometimes, accidents happen as a result of product liability. When that happens, you may be owed compensation or other damages as a result of someone else’s negligence.

Proving Product Manufacturer Liability in Florida

Proving product liability isn’t always easy. That’s why you need a team of expert attorneys on your side. There are three main types of manufacturer liability claims that plaintiffs can make:

  • Manufacturing Defect. These are claims where a product was manufactured improperly, which resulted in someone being hurt.
  • Design Defect. This happens when a product fails to pass a consumer-expectation test. This means the product needed to be designed in a way that a consumer would safely be able to use it.
  • Labeling Errors. The manufacturer failed to provide adequate warnings on its products.


  • No Fee Until We Win
  • $150M+ in Recent Personal Injury Verdicts & Settlements
  • U.S. News & World Report Best Law Firms for 10 Consecutive Years

Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.


Notable Products Liability Settlements and Verdicts

Medical Negligence claim arising out of a breach in the standard of care by failing to follow physician’s orders and hospital policies with regard to timely assessments of the Plaintiff and her vital signs; failing to recognize signs of respiratory distress; and failing to follow hospital policies regarding recording and disposal of PCA morphine.

Trial arising from failure to diagnosis colon perforation after a laparoscopic hysterectomy surgery causing permanent injury to the Plaintiff. After a three week trial a Martin County jury rejected the Defendants’ position finding the hospital 70% responsible for Mrs. Moore’s damages and the physician 30% responsible. The award included just over $600,000 for past medical expenses, $370,000 in future medical care, and non-economic damages of almost $2 million.

Injury resulting from a freezer door falling on Plaintiff while shopping at a retail store.

Gould Cooksey Fennell served as Co-Counsel in a Georgia case involving alleged misdiagnosis/mistreatment of preeclampsia resulting in the death of a 39 year old mother.

Plaintiff was knocked over by unleashed dogs, resulting in a fall and ultimate brain injury.

Settlement arising from motor vehicle crash that killed a husband and wife in Indian River County.

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.

Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.

Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.

Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.

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Time and Damage Limits for Defective Product Cases

You have four years to file a claim for a defective product; however, consumers are protected by the discovery rule. This means that the time to file a claim within the statute of limitations doesn’t start until the plaintiff discovers his or her injuries. Some injuries aren’t as obvious, such as a defective hip implant, until later, so the discovery rule is used to protect consumers by giving them more time.

There’s also a statute of repose that protects manufacturers. This means, if a product is only meant to last five years and an injury occurs in year seven, it’s expected that a product wouldn’t work as expected and the time to file a claim has passed.

Defective product claims are different from other personal injury cases because of the Florida pure comparative negligence rule. This rule says that if a plaintiff is partially at fault for personal injury, a lawsuit can still be filed but recovery damages will be reduced based on the proportion of the fault of the plaintiff. Unlike other personal injury cases, in the State of Florida, there’s an economic loss doctrine for product liability cases. This means that if there are no personal damages, no claim can be filed. There’s no avenue to recover profit damages from a faulty product.

Damages an Attorney Can Help Recover from a Product Liability Case


“Pain and suffering” is a term that’s often mentioned when product liability cases come up. That’s because the victims often incur physical and emotional stresses that can take days, weeks, or years to overcome. The attorneys at Gould Cooksey Fennell have been doing this for years, and we’re passionate about helping our clients recoup the compensation and rewards that are owed to them as a result of product liability failures. We’ve recovered damages for:

  • Medical costs
  • Lost wages
  • Pain and suffering


Punitive Damages

In civil cases where there are damages exceeding the compensatory damages named above, an attorney can fight for punitive damages if they’re able to prove the manufacturer had “actual knowledge of wrongdoing.”

Florida has limits on punitive damages in product liability cases as follows:

  • >3x the amount of compensatory damages
  • Not exceeding $500,000

There are special circumstances where a court can determine the actions taken by the manufacturer were extremely negligent and only for financial gain. In these instances, there can be more punitive damages awarded, up to the following:

  • 4x the amount of compensatory damages
  • Not exceeding $2 million

Why Hiring an Experienced Product Liability Attorney is Crucial

The attorneys at Gould Cooksey Fennell are serious about helping you prove gross negligence in the event of a serious injury. Our lawyers can help examine witnesses, gather necessary information, interview subject matter experts, and prepare the best case on your behalf.


If any of this information is new to you, you need us on your side. Our Florida attorneys specialize in product liability. Our job, as an experienced team of lawyers, is to investigate, on your behalf, the terrible situation you’ve endured and determine the causes that lead to the product malfunction and related injury.

SCHEDULE A CALL WITH A defective products LAWYER

We proudly represent clients around Indian River County, Treasure Coast, Port St. Lucie, and Vero Beach. If you’ve been the victim of product liability negligence, reach out to us to schedule your free initial consultation today.

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Recent Personal Injury Verdicts & Settlements



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* Our attorneys and staff value your privacy and will not share your personal information with any third-party entities.