Whenever you make an everyday purchase, you likely do not expect any of your items to cause you harm. Product manufacturers are responsible for overseeing the safe use of their product and this can lull you into a false sense of security. So, what happens when something we trust to work properly injures us? Here is what you should know about filing a lawsuit when you are injured by a defective product.
Who should I file a lawsuit against after I am injured by a defective product?
Product liability cases are often complex and involve more than one party. With these types of legal cases, you must show that someone is responsible for the injuries you suffer from after using a specific product.
Sometimes, determining the source of a defective product is straightforward. For example, a certain company produced and sold a specific item, so they are responsible for the damages. However, this is not always so simple.
For instance, consider a defective car. If your airbag is defective and a crash causes severe injury due to this defect, who do you bring a suit against? Do you blame the vehicle manufacturer? What about the specific part manufacturer? Does this mean that the vehicle retailer has no liability for your injuries?
The fact is that in product liability cases, you can sue all parties that are involved in the manufacturing or marketing chain of your product. This can include wholesalers, retailers, distributors, and even other intermediaries.
In most cases, attorneys bring defective lawsuits against any party that could be liable for your injury. During the trial, the judge or jury will determine exactly how much liability each party is responsible for.
Is there more than one type of defective product claim in Florida?
There are three types of defective product claims that you will regularly notice. These are manufacturing defect claims, design defect claims, and duty to warn claims.
A product has a manufacturing defect when it does not function as a manufacturer intends. However, for a court to consider a product defective, it must cause unforeseeable injury to the victim.
Manufacturers work hard to ensure that defective products are not available to the public. However, some defective products make it off the production line and into the hands of consumers.
Some product defects are the result of poor design. With a design defect, the manufacturer intends for a product to work a certain way but overlooks certain flaws.
Due to these defects, a consumer may expect the item to function one way. However, when it fails to perform as a consumer expects and normal use results in an injury, then the product design is defective.
Duty to Warn
You have probably seen stickers on products that warn you about hazards. Alternatively, most products include instructions on proper use to keep consumers safe. However, some products fail to provide these notices.
When a company releases a potentially dangerous product without warning consumers, this is a duty to warn defect.
What types of damages can I recover in a defective product suit?
If you have an injury that is the result of a defective product, then a successful lawsuit can help you recover:
- Medical treatment, past and future.
- Loss of wages and future earnings.
- Pain, suffering, and emotional distress.
- Compensation for loss of life.
- Punitive damages (those meant to punish the manufacturer).
What are my next steps for filing a lawsuit?
Lawsuits can be complex matters that involve more than one party. If you are wondering who you sue if you are injured by a defective product, we can help. Early investigation often makes the difference between a successful or unsuccessful defective product lawsuit. Contact Lytal, Reiter, Smith, Ivey & Fronrath to discuss the specifics of your case.
Call us today at (561) 655-1990 or use the live chat function to speak with a representative. During this discussion, we can set a time to talk about your experience and decide on your next legal actions. We begin by identifying all those who are liable for your injuries. Next, we complete investigations and build arguments for your case.
You have a set time limit for bringing forward a lawsuit. Get one step closer to the compensation you deserve by contacting us today.
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