Defective Product Questions
What is product liability?
Product liability law allows consumers to seek compensatory damages for injury or property damage resulting from their use of a defective product. A defective product is one that is unreasonably dangerous when used as the designer or manufacturer intended. Automotive defects, dangerous prescription drugs, and improperly labeled food products are just a few examples of defective products. It is the consumer’s job to prove the product is unreasonably dangerous, was in the same condition when the consumer used it as when it was sold and that injury occurred.
What should I do if I am injured by a defective product?
If you or a loved one is injured by a defective product, seek medical assistance. Then see a lawyer, because a qualified personal injury attorney can help you file a product liability claim. You have legal rights if catastrophic injury or wrongful death has occurred. Your personal injury attorney will work hard to ensure you are compensated for your suffering according to all applicable laws.
Who is responsible for ensuring safe products?
Companies or individuals who design, manufacture, distribute, or sell products are legally responsible for ensuring their products are safe. Product liability law is somewhat different from other types of law in that the responsible party can be held liable for your injuries even if all reasonable precautions were taken to ensure a safe product. If it can be proven that the product is defective, and that your injuries were caused by the defective product, the responsible party is automatically liable.
What are some types of defective product cases?
Design defects: A design flaw occurs when the product is designed. One good example is a baby’s car seat that does not provide adequate support in a crash. If a product defect originates with a design flaw, the product’s designer may be liable for illness, injury or death caused by the defect.
Manufacturing defects: A manufacturing defect may cause a product to perform in a way the designers did not intend. This has nothing to do with the design but is a problem with the manufacturing technique, materials used, or other issues. A good example is a braking system on a car that does not function properly and causes the driver to have an accident.
Failure to warn: Failure to warn is a type of marketing defect occurring when a consumer is injured by a potentially dangerous product for which he or she was not adequately warned. For example, not listing a common allergic ingredient on a label, or manufacturing a product knowing it may be dangerous to those who use it.
Can I sue for injuries received from a product I borrowed?
In the past, “privity of contract” had to exist between the injured party and the seller to begin a lawsuit. In other words, only the purchaser of the product could claim an injury caused by product defect. Today, most states no longer have this requirement. If you are injured by a product you borrowed from a neighbor or a family member, for example, you may still be able to recover damages for your injuries.
Do I need a defective product attorney to file a lawsuit?
You can be sure that the defendant’s lawyers will attempt to discredit your defective product claim by claiming you injured yourself using the product incorrectly or negligently. An experienced defective product attorney like Craig Goldenfarb can maximize your chances of a successful resolution and help you obtain the compensation that is rightfully yours.
In West Palm Beach, Florida, The Law Offices of Craig Goldenfarb will work closely with you to assert your rights.
In West Palm Beach, Florida, The Law Offices of Craig Goldenfarb will work closely with you to assert your rights.
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