Product Liability
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Protecting The Consumers Of Miami Beach
When you use any consumer product, the manufacturer of the product owes you a duty of care. Like anyone else, you expect a product you purchase from an accredited business to be safe and free from defects. However, with the millions of products on the market at any given time, there are plenty of instances where a defective product makes its way to the shelf. If you’ve been injured or have suffered other financial losses due to using a defective or dangerous product, you have the right to seek compensation. At Florida Legal, our mission is to represent those who have been hurt by the carelessness of others. Contact our skilled North Miami Beach product liability attorney today for a free consultation and to begin planning your defective product claim.
What Is Product Liability?
Product liability is the legal theory by which a manufacturer or retailer of goods can be held liable for placing a defective product into the stream of commerce that causes injury or damage.
Liability for faulty products may fall on manufacturers, distributors, and retailers. The law requires that all products be reasonably safe when used as intended. This generally means that there are no hidden defects, and that product’s intended use and method of operation are readily apparent, or instructions for use are provided.
While a defective product claim requires proving that a manufacturer or retailer was negligent in the production or sale of the defective product, a strict liability claim merely requires proof that the product sold to the public was defective in some way. Although these cases can be common, proving fault can be difficult without representation from an experienced North Miami Beach product liability attorney. Florida Legal has represented countless successful product liability claims including a $1.85M settlement against a tire manufacturer for the sale of a defective tire that resulted in wrongful death.
Defective Product Liability Laws In Florida
Any product can lead to a liability claim against the manufacturer or distributor, from an electronic product that caused an electrocution injury to brakes on a car that caused a car accident. Unfortunately, there are products that are made available to consumers before passing safety tests or clinical trials to discover potential defects, dangers, or side effects in the near or distant future. This creates liability when an unsuspecting consumer uses the product and sustains injuries or damage as a result. Only until the damage is done and reported to manufacturers, will they be recalled to ensure the safety of others. But those who have already been harmed must then be proactive in pursuing their legal rights under state and federal laws. Luckily, our North Miami Beach product liability attorney can help you build a lawsuit against the at-fault party and ensure you receive the compensation that you are owed.
Strict Liability In Defective Product Claims
Defective product liability laws present strict liability on manufacturers and their products. Essentially what this means is that they may be held legally accountable for any injuries, damages, or losses their products cause to consumers. Products may be defective for a number of different reasons including manufacturing flaws, design flaws, or marketing flaws which consist of a failure to warn or to provide proper instructions to users. Under these product liability laws, you can pursue an injury claim for damages that may include the following:
- Medical expenses
- Loss of income
- Other financial losses
- Non-financial losses such as pain and suffering or emotional distress
- Wrongful death
It’s common for a defective product to injure more than one person. In fact, many consumers may have been harmed through the use of the same product. This can lead to class-action lawsuits by hundreds or thousands of victims or multidistrict litigation where one judge oversees all separate cases. Every defective product case is different, that’s why it’s recommended to work with an experienced North Miami Beach product liability lawyer who can help you present your case and ensure the best possible outcome.
Types Of Defective Product Claims
There are many different types of defective product claims, however, there are some that are seen most commonly. Every state has essentially the same basic product liability laws, which can be found below. It’s important to remember that for each of these claims, you must show not only that the product was defective, but that the defect also caused your injury.
Defectively Manufactured Products
Most likely the most obvious type of product liability claim is when a defectively manufactured product directly causes injury to a consumer. A defectively manufactured product is flawed because of some error in its creation. For example, a machinery problem that assembles the product. This would then cause the defective product to be different from all the other ones on the shelf. Examples of a manufacturing defect include:
- A swing set with a broken chain
- A tainted jar of pickles
- A motorcycle with faulty brakes
Defectively Designed Products
The next most common type of product liability is when a product’s design is unquestionably dangerous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products are dangerous and pose a risk to all consumers that use them. Defectively designed products most often lead to a class-action lawsuit with multiple defendants seeking justice against the negligent manufacturer. Examples of a design defect include:
- A model of car that has a flammable battery
- Sunglasses that fail to protect your eyes from UV light
- Electric blankets that produce a shock
Failure To Provide Adequate Warnings Or Instructions
The third most common type of product liability claim involves a failure to provide adequate warnings or instructions about the product’s proper use. Failure-to-warn product liability claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions or diligence when using it. If proper use and safety protocols are not communicated to consumers, the manufacturer can be held accountable. Examples of failure-to-warn claims include:
- An electric teapot that disregards the hot to touch areas
- Cough syrup that does not detail the dangerous side effects it may have
- Toxic paint that doesn’t provide information on the safest ways to use it
Contact A North Miami Beach Product Liability Attorney Today
At Florida Legal, we handle cases involving defects in products including, alcohol, pharmaceuticals, asbestos, Hoverboards, cosmetics, firearms, machinery, tools, medical devices, automobiles, recreational products, and much more. Defective products can have a devastating impact on unsuspecting consumers. If you or a loved one have been harmed by a defective product, you may have a right to compensation. Contact our North Miami Beach product liability attorney today for a free case evaluation. If you believe you or a loved one have been a victim of medical malpractice call us for a free evaluation of your claim.