When you buy a product, you hope that it isn’t defective or faulty. Defective or faulty products can cause serious injuries, or in the worst cases, death can happen. When a defective product causes actual damages, which may come as injury, suffering, or even death, someone needs to be held liable. You may be wondering – what is product liability?
Product liability, or products liability, is an area of law that protects customers in the event that a product is defective or faulty and causes actual damage. All parties that take part in the manufacturing, sales, and distribution chain of a defective product can be held liable for damages that it causes. To claim compensation for death or injury from a product through legal action, certain conditions must be met.
Have you been hurt by a defective or faulty product? If you need help with a potential product liability case, a leading West Palm Beach product liability attorney at Lytal, Reiter, Smith, Ivey & Fronrath would love to help you find the best path for you. Get a free consultation and get answers to your questions by calling 561-655-1990, chatting with us live online, or sending us a message now.
How Product Liability Works
There are three main types of product defects or errors that can cause an accident, injury, and even death, which can bring forth a product liability lawsuit. When the defect or error was caused by one of these three factors, the victim can prove so in court and collect compensation. A business may have product liability insurance to cover damages that they are held liable for during or after the accident.
The three main types of product liability cases include:
- Manufacturing defect – One or more errors occurred in the manufacturing process, causing the product to depart from the original, intended design.
- Design defect – The intended design was flawed. The design flaw may be due to a lack of thorough testing or an inadequate original design.
- Marketing or label error – Products must provide clear directions for use and provide clear warnings of any harm that may happen when a product is used in a certain way. Failure to provide clear direction or warning(s) for product use is considered a marketing or label error.
Luckily, defective products don’t always cause injury, and sometimes, injuries can happen when a person doesn’t thoroughly read directions or a warning label. Not all product liability accidents are due to the fault of the businesses that are responsible for certain parts of the manufacturing, distribution, and sales chain.
Proving Fault in Product Liability Cases
Product liability accidents are typically caused by negligence, strict liability, or a breach of a warranty of fitness, although strict liability or negligence is most common.
Strict liability is when a product is proven to be defective, and either unintentional or intentional, the product caused actual damage that the liable party will be held responsible for. Negligence is when there was a breach of duty of care, intentional or unintentional, which caused the defect and resulting injury/damage.
Product liability laws even cover those who’ve been injured or killed by a product that was loaned or given to them, not just the person who purchased the product. These laws cover both tangible and intangible products.
In order to prove product liability in a lawsuit, there are a number of conditions that need to be met. The conditions are:
- The defective product was sold legally in the marketplace.
- The manufacturer or seller is responsible for providing a product that meets basic customer expectations.
- The product is defective.
- The defective aspect of the product caused it to become unreasonably dangerous.
- It is clear how the defective product harmed the victim.
- Actual damages were caused by the harm, and damages are able to be claimed in court.
Victims and/or their family members may claim many different damages in the product liability claim, and evidence will be needed to prove the fault for each damage claim. Damage claims that are often found in product liability-based lawsuits include but are not limited to:
- Medical bills and expenses
- Lost wages and future wages
- General damages, such as pain and suffering, disfigurement, and more
- Physical property damages
- Wrongful death
- And more
No matter the scenario you’re involved in, we will help you decide which damages you can claim through a lawsuit. We can perform detailed investigations, gather evidence, and build a strong case to win the compensation that you are entitled to for your losses due to the defective or faulty product.
Types of Product Liability Cases We Handle
Lytal, Reiter, Smith, Ivey & Fronrath is made up of trusted Florida product liability lawyers, representing victims and their families in legal claims to get the maximum compensation possible for their losses. We handle a wide range of product liability cases, including:
- Tire failures
- Seatbelt failures
- Airbag defects
- Vehicle fires
- Child safety seats
- Medical devices
- And more
We handle high-stakes product liability cases and aren’t afraid to go to trial when needed. We can help you stand up to large insurance firms and get the compensation you deserve.
Get a Free Case Evaluation With a Leading Product Liability Lawyer
If you or a loved one has been injured or even killed by a product sold in the marketplace, you may be able to file a product liability claim to collect compensation for the damages and losses you’ve experienced as a result.
No matter where you’re at in your case, the team at Lytal, Reiter, Smith, Ivey & Fronrath is here to answer any questions you may have, and a top-rated Boca Raton product liability attorney would love to meet with you in a free, no-obligation consultation.
Call 561-655-1990, chat with us live online, or send us a message to get in touch with our team today!