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Legal representation by a personal injury or product liability attorney can help strengthen your case if you want to sue a product manufacturer. There is greater justification for spending big money battling the manufacturer if the individual is seriously hurt.
Defining Product Liability
Manufacturers and retailers may be held liable for injuries caused by faulty goods they release into the market. Injuries caused by a product may be claimed against the manufacturer, distributor, wholesaler, retailer, or wholesaler of the goods and the seller.
Goods liability law is a set of regulations that establishes who is liable for harm caused by faulty products. Compared to standard personal injury lawsuits, this area of the law is separate.
Protecting consumers by penalizing those responsible for producing or selling dangerous products is the primary goal of product liability law. Manufacturers and retailers are held to a higher standard than usual in civil lawsuits due to product liability regulations.
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What Are The Elements Of a Product Liability Claim?
Design flaws happen when an issue is with the product’s original blueprint. Due to the design flaw, the product is dangerous to use. These flaws appear in the product’s design phase before production begins.
Any product’s construction or assembly flaw might be considered a manufacturing fault. However, a problem arises during production due to poor assembly or an error.
Establishing Grounds
First, the product must be flawed, and second, those flaws must have directly contributed to the plaintiff’s harm.
A product liability lawsuit in Florida needs two things:
- The defendant must be negligent
- The plaintiff must show that the defendant is at fault.
To establish that a product is faulty, the plaintiff must demonstrate that the defect brought about their injuries. Additionally, it must be shown that the defect existed when the merchant or distributor sold the goods. Negligence and strict responsibility are the two primary bases for product liability claims.
The Negligence Theory
Negligence is the failure to fulfill an obligation. Regarding legal responsibility, manufacturers must ensure their product is safe for its intended use. If their product might cause injury to the user, the manufacturer must provide notice.
Plaintiffs pursuing a product liability claim using negligence must establish the following criteria:
- The defendant breached a legal responsibility to safeguard consumers against unjustified risks
- The defendant’s actions directly caused the plaintiff harm
- The plaintiff’s harm was directly attributable to the defendant’s actions
- The plaintiff sustained losses or damages
- The failure to provide a safe and usable product violates the obligation owed to consumers
- Once the plaintiffs have established the existence of a defect, they must prove that the fault was the direct cause of their severe injuries
The Strict Liability Law of Florida
Plaintiffs may pursue legal action against manufacturers for their injuries under the strict liability law even if they can’t prove fault on their part. A consumer has the right to sue a manufacturer even if the company took every precaution to avoid the fault.
When pursuing a claim under strict responsibility, it is sufficient to show that the product was a substantial factor in the occurrence of the harm. Companies might use the fact that you didn’t use their goods as they intended as a defense against your product liability lawsuit.
The defendant may also try to prove that your carelessness caused or contributed to your damage. Depending on how much blame you bear in the incident, the court may lower the amount of money you are entitled to receive.
Florida is a Strict Product Liability State, which implies that Florida courts will accept a product liability lawsuit without establishing negligence. You need to show that the goods were faulty and that the flaw caused your injuries, as was previously mentioned. However, you may still strengthen your negligence claim with the help of evidence showing that you were negligent.
Click To ContactWhat Damages Can Injured Consumers Claim?
Damages are meant to assist put the victim back in their position before the incident. In practice, plaintiffs utilize damage awards to cover rehabilitation costs and compensate for lost income and other living costs. Here are some common damages awarded to injured victims:
- Lost income
- Medical expenses
- Diminished ability to earn income
- Disfigurement
- Pain and suffering
It is impossible to forecast the financial worth of pain and suffering since the method by which the court will calculate the judgment might vary greatly from case to case. When determining the amount of compensation for pain and suffering, a court may include the entire medical care cost for physical and psychological rehabilitation.
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Contact Personal Injury Lawyer for Product Manufacturer
When consumers make purchases, they do so in good faith and expect the manufacturer to live up to their promises. After all, the purpose of tools is to facilitate work and alleviate pain, not to inflict it. An individual may file a claim for product responsibility to seek compensation from the company responsible for the product’s development and distribution.
Manufacturers might use several legal arguments to counter your claim and win you no compensation. Therefore, it is important to choose a Florida personal injury attorney. If you or a loved one has been injured due to a dangerous product, you should consult attorneys specializing in product liability law.
If you need a personal injury attorney in Florida to handle a product liability case, Viles and Beckman have you covered. We provide a full suite of services to maximize your chances of obtaining fair compensation for your injuries. Get in touch with us now to learn more about our services!
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