Every time you buy a toy for your child, turn on a kitchen appliance, take an over-the-counter medicine or use any other product, you should not have to worry about it causing harm to you or someone you love. Unfortunately, products causing harm does happen.

At Avera & Smith, our defective product lawyers in Florida have more than 100 years of combined experience in these types of cases. Combining legal knowledge and resources with caring service and attention, we work hard to obtain full and fair compensation for the injuries our clients have suffered.

Choosing the Right Attorney

Our managing partner, Mark Avera, is Board Certified in Civil Trial Law by the Florida Bar, which means he is highly experienced taking cases before judges and juries. Lawyers who have the experience, willingness and skill to get the best jury verdicts typically get the best settlements for their clients as well.

Defective Design, Manufacture or Marketing

In a product liability case, the product must be proven to be defective, and parties involved in the chain of manufacture, distribution and final sale may be liable. For a product to be considered defective, it must have one or more of the following flaws:

• Design defects
• Manufacturing defects
• Defects in warnings

Food products, prescription drugs, medical devices, appliances, automobiles, tobacco and vape pens are some of the products that have been in the news recently for causing harm to consumers. Other common items include children’s toys, cosmetics, power tools and other household products. 

Tobacco and Vaping Claims

Tobacco is one of the most infamous products when it comes to the wrongful death or injury of consumers. The attorneys of Avera & Smith have extensive experience with this type of litigation. We have successfully secured millions of dollars in verdicts for many of our clients against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. in court. And, in 2016 we won a Florida Supreme Court ruling that allows plaintiffs to seek punitive damages in tobacco cases on their negligence and strict liability claims.

Vaping is the next tobacco lawsuit waiting to happen. Whether they are called e-cigarettes, vape pens, vaporizers or hookah pens, these products use batteries to turn a liquid into an inhalable vapor rather than burning tobacco. Although these items were originally marketed as an alternative to smoking, since 2010 there has been a shift to younger audiences with no history of smoking.

Now there have been landmark vaping cases involving Juul, the largest vape pen manufacturer, and similar companies. The common thread in these cases is that vape pen producers act irresponsibly by marketing to young consumers without being transparent about the dangers of vaping.

If you or a loved one has been affected by tobacco or vaping products, contact Avera & Smith. With decades of experience under our belts, we aren’t afraid to stand up to big tobacco or big corporations.