What Is Product Liability?
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Defective product lawsuits are filed when an individual is injured or killed by a defective design, manufacturing, or labeling product. These lawsuits are categorized under product liability. Product liability lawsuits can be complex and challenging, but they can be an important way to hold manufacturers accountable and protect other consumers from harm.
In Florida, there are a number of different types of defective product lawsuits that can be filed. Some of the most common include:
- Design defects: These lawsuits are filed when a product is designed in a way that makes it unsafe, even when it is used as intended. For example, a car with a faulty braking system or a toy with sharp edges could be considered to have a design defect.
- Manufacturing defects: These lawsuits are filed when a product is manufactured incorrectly, resulting in a defect. For example, a food product that is contaminated with bacteria or a drug that is not properly formulated could be considered to have a manufacturing defect.
- Labeling defects: These Defective product lawsuits are filed when a product is not correctly labeled or consumers are not adequately warned of its potential dangers. For example, a chemical product that does not contain adequate warnings about its toxicity or a medication that does not list all of its potential side effects could be considered to have a labeling defect.
The plaintiff has to prove that their damage was directly caused by and during their use of the product. Often, a large number of consumers may come together in a class action or multidistrict litigation if it is deemed that the same product has caused similar harm to multiple individuals.
It is recommended for a plaintiff to approach a medical professional who can evaluate their injury and give their opinion on its connection to the product in question.
How can a Defective products lawsuit help me?
Those who have experienced losses due to defects in a product they had purchased may be able to claim compensation. The court could order any responsible party to pay you compensation in a product liability case. This includes the retailer where you purchased the product, the manufacturer, their component supplier, or even the product’s designer.
The likelihood of being awarded substantial damages is higher when there are serious, long-term injuries and much pain and suffering for the victim. The plaintiff is awarded compensatory damages to redress the suffering and the costs borne by them that ensued from using a defective product.
Above and beyond compensatory damages, the court may hold the manufacturer responsible for offenses for which there should be a social deterrent. As such, the court could award punitive damages to victims if a manufacturer acted recklessly, wilfully, or negligently. In fact, even the plaintiff’s spouse could be awarded loss of consortium damages if the relationship has been markedly affected due to the victim’s injuries.
Get the compensation you deserve with People for Law
Defective product lawsuits can be very complex and require a significant amount of evidence. This is why it is important to have an experienced product defect attorney on your side.
Chances of significant success go up when you have expert guidance from competent professionals with experience in handling this type of liability claim. The legal provisions vary from state to state, and the plaintiff is also expected to show that there was not an unreasonable use of the product.
The plaintiff must prove the product was defective and caused their injury or death. The plaintiff must also show that the defendant, such as the manufacturer or seller of the product, owed them a duty of care and that the defendant breached that duty.
Due to the innate complexities of a defective product lawsuit, it is imperative to consult an attorney who can help collect systematic evidence to present in court and advise regarding witnesses who may be able to inform on how the plaintiff incurred damage from the product’s use.
A skilled Defective product lawyer can help you gather the necessary evidence, negotiate a fair settlement, or even take your case to trial if it comes to that. Entrust your case to a capable attorney who will fight tirelessly to protect your rights and win you the compensation you deserve.
Defective product lawsuits can be complex and time-consuming. However, they can be an important way to hold manufacturers accountable and protect other consumers from harm. If you have been injured or lost a dear one because of a defective product, contact People for Law’s experienced defective product attorneys today to discuss your case.