You recently bought a product and not only did it not work properly, but it injured you. There should be some sort of recourse, right? You shouldn’t be stuck with high medical bills because a company sold you a bad product. Unfortunately, you may be the victim of a manufacturing defect.
You can file a lawsuit with the help of a personal injury lawyer at Lytal, Reiter, Smith, Ivey, and Fronrath. All you need is to provide proof of your injury from the defective product and we’ll do the rest of the work.
The Definition of a Product Defect
Different kinds of product defects could be to blame for your accident.
The first is a design defect, which is when a product is inherently defective. The product itself does not work properly and is dangerous. For instance, an airbag that isn’t functioning properly would fall under the category of a design defect.
Another type of defect is a manufacturing defect. This happens when the manufacturer is making the product. There is nothing wrong with the design, but the product is made incorrectly. For example, if a manufacturer failed to put a braking system on a bicycle, then that would be classified as a manufacturing issue.
The other type of defect is a marketing defect. The company that made the product forgot to include warning labels and instructions,or these details were inadequate or incorrect. For example, you purchased a set of drawers and it instructed you to use three nails to assemble them when you really needed four. You could potentially sue if the drawers injured you.
How To File a Lawsuit for a Product Defect
If you believe a manufacturing defect injured you, start a lawsuit to claim some compensation.
As soon as the injury happens, take photos of the defective product and your injuries. If it damaged any of your belongings, like your clothing, then snap some photos of that damage as well. If other people saw what happened, gather witness statements and try to get video footage of the incident as well. The more evidence you have, the better your case.
It’s also critical to go to the hospital and get treated. You should report any pain you’re feeling to your doctor and get X-rays taken just in case. Obey the doctor’s orders. You need to do everything in your power to feel better and heal from your accident. This is most important for your health, but your commitment to treating any injuries also helps your claim.
Next, hire a personal injury lawyer to handle the case for you. They will reach out to the defendant and start settlement negotiations.
Just remember that in Florida, the statute of limitations to file a product defect lawsuit is four years from the discovery of the injury. However, it’s best to file your lawsuit immediately so that you remember the details of what happened and the defendant doesn’t try to blame you for your injuries.
Who do you sue for a manufacturing defect?
You would sue the manufacturer of the product for the defect. If the product was part of something larger, then you could sue the two parties involved. For example, if you purchased a car with defective windshield wipers, you could sue the windshield wiper manufacturer as well as the car manufacturer. You could also include quality-control engineers who were involved in the manufacturing of the product in your lawsuit.
Typically, the defendant will want to settle the case rather than go to court. Going to court is time-consuming and takes up a lot of energy. Plus, the product manufacturer could risk having their name dragged through the mud in the media. That might scare other customers away from purchasing this product and give the company a bad reputation. Settling with you may just be the simpler solution.
Your settlement could include damages for:
- Medical expenses
- Lost wages
- Loss of enjoyment
- Pain and suffering
- Emotional distress
It all depends on how serious your injuries are and what kind of effect they’d had on your life. For example, if your injuries are so severe that you can no longer go to work or participate in your favorite hobbies, then you may get a larger settlement that’ll include damages for loss of enjoyment, pain and suffering, and emotional distress as well as the medical expenses and lost wages.
While your personal injury lawyer won’t be able to predict what your settlement will be, they can calculate the economic and noneconomic damages for you and go after the highest settlement possible. If they come back to you with a settlement you believe is not high enough, they can attempt to renegotiate.
If the defendant won’t budge, you can always take them to court. And you never know; the closer you get to the court date, the more nervous the defendant may feel and decide to settle with you.
You may have gotten injured due to a manufacturing defect, but you do have options moving forward. Call Lytal, Reiter, Smith, Ivey, and Fronrath today for your free case evaluation.
Locations We Serve: