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If you’ve been injured by a defective product and the manufacturer failed to resolve the issue, you can secure legal assistance handling these claims with a product liability lawyer. Our team at Viles & Beckman, LLC, can step in to provide service and answers to your questions.
Are Manufacturers Liable for Defective Products?
Injuries caused by a defective product generally lead to a product liability claim in court. In many cases, the court considers these claims “strict liability” offenses under Fla. Stat. § 768.81(d). In a strict liability case, the manufacturer holds liability for an accident if it produces a defective product.
The manufacturer does not have to intend to produce a defective product to hold liability for the injury. All that matters is that the manufacturer created a defective product, sold it, and injured someone.
However, strict liability may not apply to all product liability claims. Therefore, it’s essential to speak with a lawyer regarding the manufacturer’s liability.
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Why do Product Liability Claims Use Strict Liability?
Generally, when filing a claim after an accidental injury, you have to show that someone else acted in a negligent way to cause your injuries. However, the court system typically does not require this level of proof for defective product cases.
The court made this decision due to the difficulties associated with determining if the manufacturer had a proper system to look for defects or if the fault occurred after a seller received a product.
Furthermore, the court does not expect consumers to check every purchase to ensure a product’s safety before they use it. Therefore, the strict liability doctrine covers product liability claims associated with defects in many cases.
How do You Prove a Product Liability Claim?
According to the National Safety Council (NSC), over 11 million people sustained injuries due to defective products in 2021. So, how do you prove a manufacturer’s fault to resolve a defective product claim if you sustained an injury?
In cases involving strict liability and product liability negligence, your lawyer has to show that:
Your Product Has a Defect
First, you can only file a claim with strict liability if you purchased a product with an unreasonably dangerous defect. Some products, such as knives, come with reasonable risk.
However, you should not sustain injuries if you use these products according to manufacturer instructions. Dangerous defects prevent you from safely using these items.
The Defect Caused Your Injury
A lawyer must also demonstrate that the product’s defect directly caused your injury. Remember that you may only have a defective product claim if the injury occurred while you were using the product correctly.
For example, if your injury occurred while using a chainsaw, but you ignored safety regulations included on the machine, you may not have a product liability claim.
You did Not Substantially Change the Product
Finally, a product liability lawyer must show that the product was in close to its original condition when the accident occurred. Manufacturers might refute product liability claims if another party made significant changes to a product, changing how it performed.
Click To ContactWhat Defects Can Result in Accidents in Florida?
Product defects can come from several sources. A product liability lawyer can step in to help with a claim if your accident occurred due to a:
Design Error
Sometimes, manufacturers make a mistake when designing a new product. In this situation, a lawyer has to show that the design inherently contained unreasonable risks. A knife with a handle that easily slips off, allowing you to cut yourself, could be an example.
Manufacturing Error
Sometimes, products malfunction and cause injuries due to a flaw in the manufacturing process. For example, a company could use the wrong materials when making a product, causing it to break once used.
Failure to Warn Error
Finally, some product liability claims come from a manufacturer’s failure to adequately warn of risks associated with a product. For example, a curling iron should come with a warning to keep it away from water to prevent electrocution.
If a lawyer can show that the manufacturer did not include warnings to protect the health of consumers, you may have a product liability claim.
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Can Manufacturers Refuse to Cover Your Losses?
How do you prove a manufacturer’s fault to resolve a defective product claim? Generally, you have to show that the product had a defect and that it caused your injuries. However, you only have a chance to file a claim if you were unaware of the defect.
For example, perhaps you purchased a teapot. After using it a few times, you realized that it released steam improperly and would scald you if you weren’t careful. You continued to use the teapot, however, working around the issue.
Eventually, you forgot about the defect and used the teapot, burning your hand in the process. In this situation, the manufacturer could claim that you knew of the defect and, therefore, they do not need to cover your losses.
What Losses Can You Receive With a Defective Product Claim?
A lawyer can assess your losses after a defective product injures you. In this situation, you could receive funds to cover medical expenses, pain, suffering, and lost wages at work. The exact compensation you receive depends on your circumstances.
Speak to Us About Product Liability Claims in Florida
How do you prove a manufacturer’s fault to resolve a defective product claim? Generally, a lawyer works to show that the product had a defect and it caused your injury. Our team at Viles & Beckman, LLC, can review the specifics of your case today.
Find out more by calling us or completing our online contact form.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
