Each year, defective products cause thousands of injuries. Fortunately, individuals or companies responsible for these injuries are held accountable due to “product liability” laws. Product liability cases are often complex and can result in protracted litigation.
The Federal and State law holds individuals and companies involved in the chain of manufacturing and distribution of any product responsible for any injuries or damages caused by that product. In fact, other responsible parties may include distributors, retailers, repairers, assemblers, and component suppliers.
Products liability claims can be based on a variety of legal theories, including, negligence, strict liability, breach of warranty and various consumer protection claims. Manufacturers and suppliers are held liable for product defects when the products contains a design defect, there exists and manufacturing defect (i.e., the product does not conform to design specifications), and marketing defects (i.e., the product is mislabeled or has improper use instructions).
Generally, product liability is a strict liability claim which means the degree of care taken by the potential defendant is not an issue. In other words, if there is a defect in the product that caused harm, someone will be held liable for it. If you’ve been injured due to a defective product:
- Do not throw anything away. Keep the product, any documents and packaging included at purchase.
- Find as much identify information about the product as possible. This includes the name of the manufacturer, model name and number, place and date of purchase and serial number.
- Keep the product in a safe place where is will not be touched or altered.
- If the product is an automobile, make sure that you keep it. Give the insurance company notice to not destroy the vehicle.
- Obtain contact information from any witnesses that may have been present (i.e., as name, address and telephone number).
- Contact a qualified attorney to help evaluate your claim.
If you or a loved one has been injured by a product defect, our attorneys are pleased to offer a free consultation to discuss your case. We represent clients throughout the State of Florida. We have offices in Fort Lauderdale and Moore Haven, Florida. To contact a lawyer at our firm, call (954) 591-8261. You may also contact us by e-mail at info@truebloodlawgroup.com or by submitting your contact information here.