Products Liability
To bring a product liability claim, you must prove the product was defective in one of three ways:
- Design defects: These defects occur when there is a flaw with the actual design of the product.
- Manufacturing defects: When a product has been designed appropriately but an error occurred during the manufacturing process, it is considered a manufacturing defect.
- Failure to warn: When certain products, such as chainsaws, are inherently dangerous, manufacturers are responsible for warning consumers of these dangers.
Any time a product contains one of these defects and someone becomes injured as a result, the manufacturer can be held strictly liable for the injuries. Other liable parties can include other parties involved in the manufacturing, design, or sale of a defective product. Injured individuals can file a claim for compensation against any of these parties if they have been injured by a defective product.
Who Are the Defendants in Products Liability Lawsuits?
The named defendants in product liability lawsuits in Florida depend on the specific details of the case. However, an injured consumer can seek compensation from one or more parties who share the blame in causing the injuries. This includes any party involved in the distribution chain, from manufacturers to retailers.
Retailers: Florida consumers buy products by going to a brick-and-mortar retail store or by purchasing items from an online retailer. When retailers put up a product and advertise it for sale, then it’s implied that the product is safe for use. Even if the retailer wasn’t involved in the manufacturing process, but sold a defective product anyway, they can be held liable for playing a role in your injuries.
Manufacturers: The manufacturer in a product liability case in Florida could be any party who was involved in marketing or designing the product. This could be a multinational corporation, a small business, or a single person working out of a make-shift workshop. Any manufacturer who contributed to producing the product could be named as the defendant. This includes the manufacturer of the whole product, as well as any manufacturer who designed a part of the product that ended up being defective.
When to Hire a Products Liability Attorney
Individuals that have suffered an injury or developed an illness due to a defective product should speak to a product liability lawyer as soon s possible. Additionally, any one that has lost a loved one, or that has a child that has been injured by a defective product should also speak to a lawyer that can help them claim compensation for the injuries.
Product liability cases are extremely complex. They require precise attention to detail and a level of experience that is greater than in many other areas of law. A product liability lawyer can help accident victims preserve evidence, seek appropriate medical care, identify the specific defect, identify liable parties, and pursue compensation from insurance companies or through a lawsuit.
Schedule Your Free Consultation
If you or a loved one have been injured by a product that failed when it was used as intended, contact Aventis Law Firm for your free consultation today.