When we purchase a product, we assume it will do what it claims and not cause injuries. This is because manufacturers have a duty to design products that are safe for their consumers to use, as well as alert consumers of any potential problems related to their product.
However, some products can actually be unsafe to use and manufacturers often fail to warn consumers of this potential danger. As a result, individuals who use the product may suffer an injury.
If you have been exposed to a dangerous product, and you have been injured, you may be eligible for significant financial compensation. Hiring a product liability attorney who is knowledgeable in the processes surrounding product liability and negligence can help you receive full and final restitution.
What is Product Liability? Product liability refers to the responsibility that some or all parties along a product’s manufacturing/supply chain assume when a product is found to be defective. A product liability case comes into play when an individual is injured because of the defective product, making some or all of the parties along this chain liable to provide compensation to the injured. The different parties included in this manufacturing chain can include (but are not limited to): Theories Regarding Product Liability Law When individuals are injured from a defective product, they have the right to seek relief by providing evidence of their injustice (known as their Cause of Action). In a product liability claim, this cause of action can be based off of four general theories of liability: negligence, strict liability, misrepresentation or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Negligence Negligence refers to a situation where a party fails to exercise due care, meaning they either did something they were not legally permitted to do or failed to do something they had a legal obligation to do. Strict liability Product Liability is generally considered a strict liability offense. Strict liability refers to the legal responsibility for an injury (in this case, injury resulting from a defective product). Specifically in product liability law, strict liability does not require the injured party (including purchasers, bystanders and borrowers) to prove the degree of carefulness or fault exercised by the party within the product’s supply chain. This means that the defendant is liable when it is shown that the product is defective and caused harm, regardless of whether they exercised all possible care in the preparation and sale of the product. Misrepresentation Within the scope of product liability, misrepresentation refers to giving consumers a sense of false security about a product’s safety included in advertising and other promotional tactics. In order to make a product seem “safe,” attention may be drawn away from certain hazards which can lead to actions of intentional concealment or negligent misrepresentation. Breach of warranty of fitness Breach of warranty of fitness refers to a situation where a seller of a product fails to fulfill a claim or representation they made in regards to the product’s quality or type. According to the laws regarding the sale of goods, each seller creates an implied warranty of fitness that the product is guaranteed to be used for the purpose in which it was designed to fulfill. For example, if a seller proclaims that a new lawn mower if fit to cut tall grass and shrubs and it really can not, then the product is in breach of its warranty of fitness. This warranty may be lessened if the product is used. What Kind of Product Defects Can Cause Product Liability? Although there can be many type of dangerous products that cause harm to an individual, there are three primary types of product defects that a defective product attorney can help you receive compensation for: Who are the Subjects of Product Liability Suits? For claims surrounding dangerous products, there are three primary subjects of product liability suits who can receive financial compensation for their injuries: What Types of Things are Considered Products? While products are generally thought of as tangible property, products liability has stretched that definition to include intangible property (gas), naturals (pets), real estate (houses) and writings (navigational charts). What Must One Prove to Claim a Product Liability Case? The product is defective In any jurisdiction, one must first prove that the product is defective. This means that they must provide evidence that the product itself has a design defect, manufacturing defect or warning defect. The defect caused injury After an individual proves that a product is defective, they then must prove that this defect was the direct cause of any injuries they sustained while using it. The product is dangerous Once a link is made between the product defect and injuries sustained by the individual who used it, the injured person then has to prove that the product is rendered unreasonably dangerous due to the defect it has. Negligent misrepresentation Often times, an injured individual may have to prove that they were given a sense of false security of a product’s safety. This refers to receiving negligent misrepresentation from a retailer selling the product, which must be countered by the plaintiff’s argument that they relied on these misrepresentations when deciding to purchase the product. A note on strict liability It is important to remember that because product liability cases are generally strict liability offenses, the injured plaintiff may only have to prove the product is defective and that it was a direct cause of their injuries. This means that they do not have to prove how a party within the supply chain was careless. Even if this party exercised all possible care in the preparation and sale of the product, they are still held liable under strict liability law. Who is At Fault for a Defective Product? If a product does not work properly or causes harm to the user, then any of the following parties may be liable: What Can You Recover in a Product Liability Case? If an individual purchased or obtained a defective product and decides to seek out legal help from a defective product attorney, they may be able to first recover the cost to replace the product. If the defective product also caused personal injuries to the individual, they may then seek compensation for damages including: Why Do I Need a Lawyer? The laws regarding product liability can be very confusing, especially when more than one party may be responsible for an individual’s injuries. Product liability cases may also require significant resources and sophisticated technology in order to take on powerful businesses that are responsible for the defects. Therefore, an individual may benefit from hiring a defective product lawyer who is knowledgeable in the processes surrounding defective product liability and negligence. The Florida product liability attorneys at Rue & Ziffra, P.A., have the necessary resources and technology to see a products liability case all the way through, from the initial filing to verdict. They understand both the legal and liability issues that are critical to fighting for and securing the rights victims of dangerous products deserve. Rue & Ziffra, P.A. proudly serves areas throughout central Florida in Volusia County and Flagler County. If you or a loved one would like legal representation from a defective product attorney for a product liability claim, contact Rue & Ziffra, P.A. for your free consultation and to see what benefits you may be able to receive.
