Most surprises are good. This is not the case when a product you expect to work in a certain way ends up injuring you. Every year, people purchase defective products that result in their injuries or the injuries of a loved one. Here are the types of product defects that you should be aware of.
Additionally, heed our advice on what to do after getting injured by a defective product.
Do courts recognize more than one type of product defect?
There are three categories of defective products that you will notice in Florida litigation:
1. When a product has a manufacturing defect.
Manufacturing defects occur when a product does not act as it is intended to, resulting in an injury.
2. When a product has a design defect.
Design defects occur when a product does act as intended, but a flaw in its design results in an injury.
3. When a product fails to warn about potential risks.
Failure to warn happens when a manufacturer does not explain how to safely use their item. There also might not be any disclaimers about the potential for danger.
Each of these categories requires its own unique strategy in court. Depending on how inherently dangerous an item is, the attorney may not need to prove negligence on behalf of a product’s manufacturer to win damages.
It is also important to note that, unless a product’s defect results in damage, you should not file a defective product claim. If you don’t suffer an injury or property damage from using a defective product, your claim will not be successful.
Each defect requires a specific set of circumstances before it can reach the level of a defective product case.
What do I need to prove in court to bring forward a successful product defect lawsuit?
You might wonder why you need a product to injure you to bring forward a lawsuit. In fact, this is not the only requirement to receive a settlement reward by a judge or jury. Here are the four elements that you must show in court to have a successful product defect claim:
1. That the defendant in your lawsuit (the person you are suing) has a duty of care toward you.
When it comes to proving duty of care between manufacturers and consumers, this part is simple. Manufacturers must protect those that use their products. They do this by verifying that their products work as the company intends. Likewise, they perform quality control checks and remove defective products before releasing them to the market.
2. The defendant did not provide you with the care you deserve, and thus had a breach of duty.
You can prove this in court by showing the manufacturing, design, or failure to warn defects that you experienced.
3. You suffered from specific injuries due to the breach of duty.
Remember the fact that you cannot bring forward a product liability case without an injury? Without that, you are missing a significant proof of liability. To satisfy this element, you must be able to prove that specific manufacturing defects, product defects, or a failure to warn, caused an injury.
4. Those injuries resulted in specific damages to yourself or your property.
Bringing a case against a manufacturer would not make much sense if you did not suffer any losses. If you stub your toe on an item, you are not going to bring forward a lawsuit against the manufacturer.
However, if you suffer an injury that requires hospitalization, medical treatment, or more, you will want to litigate and recover damages.
Have any of these types of product defects injured you? Contact us.
Are you or a family member suffering from an injury because of a defective product? Identifying the parties responsible for your injuries and proving fault can be a challenging ordeal.
Fortunately, our attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are up for the challenge. Speak with us by phone at (561) 655-1990 or chat with a live representative on our home page. We will schedule a free consultation to discuss the specifics of your defective product lawsuit.
After investigating which parties are at fault for your injuries, we will determine legal strategies and litigate your case. But do not wait – chat with us and schedule your no-obligation consultation today.
Locations We Serve:
- Florida Product Liability Attorney
- West Palm Beach Product Liability Attorney
- Boca Raton Product Liability Attorney
