Suffering injuries due to a defective product can be one of the most horrendous situations in our lifetime. If a defective product has caused your bodily damage, this article is for you! These types of accidents occur when a product malfunctions and fails to meet the consumer’s expectations.
Defective products can cause several types of injuries. They can cause abrasions, burns, and fractures. As a result, depending on the severity of your injuries, you may be required to miss workdays while you recover. As you can see, defective product cases lead to significant burdens that will undoubtedly decrease your quality of life.
We are here to tell you that someone must be held liable for your damages. There are different types of defective product liability. For this reason, manufacturers, distributors, suppliers, and retailers could be responsible for all of your damages.
Manufacturers and distributors have a duty of care in making sure that their products are safe to use and that they are sold in perfect condition. However, if any of these parties breached their duty of care, they will be held responsible for your injuries and must compensate you.
In addition, you must know that these parties may not make it easy for you when seeking compensation. It’s important to hire a personal injury lawyer for your defective product injury case in Florida to help you deal with those undermining schemes.
These trained professionals can help you get compensated and bring many other benefits. Throughout our article, we will discuss the legal standard of these claims in Florida, different types of product liability, and the advantages of hiring an accident attorney.
The Basics of Defective Product Liability
Product liability refers to a manufacturer, distributor, retailer, or seller being held liable for placing a defective product into the hands of a consumer. In other words, culpability may be attributed to the sellers of the product that are in the distribution chain.
Equal to any other personal injury case, defective product liability claims are ruled by state laws. These cases are brought under the theories of negligence, strict liability, or breach of warranty.
- Strict Product Liability: This refers to a situation where a victim has the right to bring a lawsuit based on a grave injury caused by a defective product. In a strict product liability action, victims are not required to prove that the manufacturers or sellers were negligent. In other words, the accident victim can sue those responsible within the distribution chain.
- Breach of Warranty: In Florida, the victim must be in privity of contract with the seller of the product if they are seeking compensation for breach of warranty.
What Are The Principle Defective Product Liability Laws in Florida?
- Statute of Limitations: This is a mandate that sets the maximum amount of time that victims have to file their lawsuit. In Florida, personal injury accident victims must file their claim within four years of the accident.
- Comparative Negligence Rule: This law determines the contribution of each party to you can recover damages even if you were partially at fault. Nevertheless, your award will be reduced according to your percentage of fault. Ultimately, this percentage is decided after conducting an extensive investigation of the facts
What Are Varieties of Defective Product Liability?
These claims often fall into three categories. So, let’s take a closer look at them
- Defectively Manufactured Products: A defectively manufactured product is flawed at the time of its creation. If there was an error when it was created, it could easily become a hazard to anybody who uses it. Some examples of defective products include:
- A swing set with a cracked chain,
- A cell phone with a short circuit,
- A chair with a faulty leg piece.
- Defectively Designed Products: In this category, a product’s original design is inherently hazardous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process. On the contrary, they are filed when the designer fails to envision the product in a safe manner. This also means that it is inherently dangerous, regardless if the designers state that their specifications were safe. Some examples include:
- A sunscreen that fails to protect people from ultraviolet rays.
- A line of electric blankets that ends up shocking consumers when turned on high.
- Failure to Provide Adequate Warnings or Instructions: These claims involve a product that can pose a health risk. However, it becomes even more dangerous because the manufacturer fails to provide a warning sign or adequate instructions. The following are examples of these claims:
- A cough syrup that is missing its warning label stating possible side effects.
- A corrosive paint-removing chemical that is sold without proper instructions for safe handling and usage.
What Are Some Important Steps to Take After Being Injured by a Defective Product?
We understand that suffering an injury from a defective product is extremely overwhelming. However, you must try to remain calm and seek immediate medical attention. Your personal doctor will write a report, which will be valuable evidence for your claim.
In addition, if you suffered a work injury, make sure you report the accident to your supervisor and seek medical attention as well. It is recommended not to provide insurance companies a written or verbal statement of the incident without having spoken to an injury attorney beforehand.
Additionally, it is vital to compile the necessary evidence. If you are able to, take photographs of your injuries and the defective product that caused your bodily damage. Furthermore, annotate the brand name of the product that injured you, as well as the date and time of the accident.
If someone witnessed the incident, kindly ask for their contact information. Information like cell phone numbers and email addresses are important assets for your case down the road.
Furthermore, we suggest that you don’t post anything concerning your accident on social media. Insurance firms and the other party may take advantage of your anguish by using these statements against you.