Purchasing products is a part of our everyday lives. We trust that the products we are using will not harm us. But unfortunately, the reality is that sometimes defective products can cause serious injury or even death. In fact, the U.S. Consumer Product Safety Commission lists recalled products every day.
It is overwhelming when you or a family member experiences any injury or loss from a defective product. After all, your faith has been let down in a huge way. In addition, proving liability in a defective product claim can be difficult. However, you do not have to carry the burden of this process alone.
A Florida defective product lawyer with the Landau Law Group offers a free consultation to evaluate your claim and help you understand the process of a defective product claim. Call (866) 703-4878 to get the answers you need to get started.
Understanding Product Defects
There are three main categories of defective product claims: design, manufacturing, and marketing:
A design defect indicates a flaw in the blueprint of the product causing every single manufactured product to be faulty. The claimant must be able to prove that the design of the product is inherently hazardous to anyone that would use it.
This occurs due to an issue with the assembly or fabrication of the product. The difference between a design and manufacturing defect is that the manufacturing defect makes the individual unit dangerous, while other similar products on the shelf are fine.
Once the product is on the market, the product labels must warn about any potential hazards associated with the product and include instructions for proper use. If it does not, a failure-to-warn claim could result if you were injured by that product because you were not warned or instructed on appropriate use.
For example, think of a child’s swing set. In the case of a design flaw, it must be shown that, for example, the crossbeam that holds the swing was inadequate to support a child’s weight. For a manufacturing defect, the crossbeams meant to hold the swing could have been damaged during assembly. An example of a failure-to-warn situation would be if the swing set’s packaging and instructions failed to mention a weight restriction.
In all cases of product defects, please keep in mind that an injury must result in order to have a viable claim. Without injury or financial loss occurring, there is no claim.
The Most Common Defective Products
Typical examples of defective products are:
- Medical products and tools
- Children’s toys and games
- Food and beverage products
- Machinery and tools
- Medicines and other pharmaceutical products
With so many new and old items available on the market, this is by no means an exhaustive list of potentially hazardous products. If you have suffered loss from the use of any defective product, call the Landau Law Group at (866) 703-4878 to discuss your claim with a Florida defective product lawyer today.
Common Defective Product Liability Lawsuits
The three types of product liability cases are:
- Negligence: the person who was injured must prove a “breach of duty” by the designer or manufacturer of the defective product. A “breach of duty” is when the designer or manufacturer knew or should have known that the product was faulty and could be dangerous.
- Strict liability: the injured party must have purchased the product in the direct chain of distribution, which means that it was purchased new from the store. In addition, the claimant must prove that there was an existing defect in the product.
- Breach of warranty: two types of warranties exist for any product. The expressed warranty is a verbal or written affirmation that the product will hold a certain standard of reliability or quality. The implied warranty simply means that the product will work as claimed.
Holding Liable Parties Accountable for Your Injuries
In some cases, when you have been injured by a defective product, you may be able to hold more than one party liable for their actions. Generally speaking, those parties are:
- Manufacturer of product parts: in some cases, if the product is large enough, there may be other companies responsible for manufacturing individual parts of the whole product.
- Manufacturer of the product: where the final product is designed or assembled, the manufacturer caused the alleged defect that led to your injury or loss.
- Product retailer: when you purchase a product from the store, the retailer implies that the product is safe for you and your family to use. If the product proves to be defective, you may be able to file a lawsuit against the seller even if you were not the one who bought or used the product.
- Wholesalers: these companies typically act in between the manufacturer and the retail distributor.
Defective product claims can be quite complex by nature, and proving liability could become frustrating because it is not always clear cut. Florida’s statute of limitations also restricts your time to act, so don’t delay. Contact a defective product lawyer at the Landau Law Group for a free case evaluation 24/7 by calling (866) 703-4878.
Typical Damages Recovered in a Defective Product Lawsuit
When you have been injured by a defective product, the damages you may be able to recover with a successful claim are:
These types of damages are able to be calculated and generally refers to the financial loss experienced with an injury. Medical bills, lost wages, and out-of-pocket expenses are common types of economic damages victims face after an accident.
These damages are not as easily calculated as a medical bill. Pain and suffering, mental anguish, and loss of quality of life are generally granted by a jury and based on the extent of loss experienced.
The Landau Law Group is a dedicated team of attorneys with more than 20 years of experience in defending those that have been wrongfully injured. If you have been injured by a defective product in Florida, we are your service-oriented litigation firm.
Call today at (866) 703-4878 for a free, no-risk consultation with a Florida defective product lawyer to discuss your claim and understand your options.