Accidents Due to Defective Product In Fort Lauderdale
When a defective or faulty product becomes available to consumers, it can lead to serious and sometimes life-threatening injuries. For this reason, states like Florida have developed product liability laws that allow consumers to file personal injury claims against those responsible.
In order to claim compensation for an injury caused by a faulty or defective product, you will need sufficient evidence to prove the defect was present at the time of purchase. Defects can appear during various stages of the product’s development.
Winning a defective product case can be difficult, as the state has complex product liability laws, and the plaintiff has the burden of proof. As a result, many victims choose to hire a personal injury attorney in Fort Lauderdale to help them navigate this process.
How Product Defects Occur in Fort Lauderdale
Defects can occur in a product during several stages of development before it becomes available to consumers. This process includes the design, manufacturing, and marketing stage. Within each stage, the entities developing the product are responsible for focusing on consumer safety, as follows:
- The design stage: during this stage, product designers are responsible for conceptualizing a product that functions without causing harm to the consumer. This stage can include planning how different parts will fit and move with each other or how various ingredients will interact.
- The manufacturing stage: in this stage, manufacturers must take the design plans and use them to build the physical product. They must ensure that the product functions as it should by conducting several phases of testing. If different manufacturers produce individual parts, each may be held responsible for defects present in the final product.
- The marketing stage: instructions for using a product and related safety information can be just as important as the product’s creation. Marketers are responsible for providing information that allows consumers to use the product safely, which means providing accurate directions for use and disclosing any ingredients or materials that may cause allergic reactions. Other important information can include age restrictions and possible side effects from using the product.
If You Fail to Fulfill Responsibilities in Defective Product Case
Failure to fulfill these responsibilities can result in a product with defects that cause injuries. If the product in question does not comply with federal and state codes for the manufacture of consumer products, it can create opportunities for personal injury cases.
Types of Accidents Caused by Product Defects in Fort Lauderdale
Any manufactured product on the market has the potential for defects that lead to injury. As such, product defects can cause a wide variety of injuries ranging from mild to severe. Depending on the product and the type of defect it has, consumers may experience personal injuries such as:
- Burns.
- Lacerations.
- Food poisoning.
- Allergic reactions.
- Broken bones.
- Disfigurement.
In the most serious cases, a product’s defect may lead to permanent disability or death. When this happens, the victim’s family may be able to file on his or her behalf.
Defective Products and Property Law
Under Florida Statutes § 768.81(d), you can base a products liability action on a few different factors, including negligence, strict liability, breach of warranty, and nuisance. Of these, negligence and strict liability tend to be the most common approaches.
How To Prove Negligent Action Cause By Defect?
The difference between the two generally lies in the burden of proof. In negligence claims, you must be able to prove that a negligent action caused the defect that led to your injury. You may attribute this neglect to the designers, manufacturers, marketers, or another entity involved in the product’s creation. Since so many parties play a role in product development, this can be difficult to prove.
Alternately, strict liability only requires you to prove that the product itself has a defect that is dangerous enough to cause injury. To prove strict liability, you will need to prove that you did not make any significant changes to the product after you purchased it and that you followed the directions for use.
Get Help From the Law Offices of Wolf & Pravato
If a defective product caused you or a loved one to suffer injuries, it may be possible to file a product liability claim and demand compensation. Since there are no federal laws regarding product liability, you will need to navigate Florida’s statutes, which can be complex.
If you are having trouble determining whether to pursue a claim based on strict liability, negligence, or another approach, you can seek out help from a car accident lawyer in Fort Lauderdale. At the Law Offices of Wolf & Pravato, we aim to support our clients by providing honest and open communication regarding their cases. We want to help you understand the legal options available to you. Call (954) 633-8270 now to set up your free case review.
FAQs about Accidents Due to Defective Product
1. Who Is Liable for a Defective Product?
The following parties can be held liable for a defective product:
- Product designers: Designers can be held liable in an error existed in their product’s design before it was manufactured. For example, if a vehicle’s air bag system jams because of the design of the release triggers or the placement of the air bags, liability would fall on the vehicle designers.
- Product manufacturers: Manufacturers can be held liable for errors that occur in the manufacturing process. These errors must have changed the original properties of the product, making it unsafe for use. For example, if a pharmaceutical drug company does not regulate temperatures during the manufacturing process, these fluctuations can change the chemical properties of the drugs, which can have severe or even lethal effects for some patients.
- Marketers: Products that were mislabeled in how they should be used, what their purpose is, or the safety risks they pose place liability on marketers. In some cases, this can also include merchants who sell the defective products if they knew about the defects.
2. What Is It Called When a Person Is Injured by a Defective Product?
When a person gets injured by a defective product, this can fall under negligence laws. These types of cases may be referred to as product liability cases, which involve defective products that cause personal injury to a victim.
The Legal Information Institute (LII) provides more information on different types of product liability claims, which can include:
- Strict liability
- Breach of warranty of fitness
- Negligence
Can You Sue for Negligence for an Injury Caused by a Defective Product?
Yes. If you or a loved one was injured after using a defective product, you may qualify to file a product liability claim or lawsuit against the appropriate liable party.
A personal injury lawyer can help you build your case and pursue compensation for the damages you experienced. Many plaintiffs often pursue compensation for medical expenses, property damage, emotional distress, pain and suffering, and income loss, among other types of financial and non-financial damages.
3. How Do You Prove a Product Is Defective?
You must establish key elements of negligence when arguing a product’s defectiveness. These elements include:
- The defendant had a duty of care to design, manufacture, or sell a product that was safe for consumer use.
- The defendant breached this duty of care by failing to test their product design, enforce strict manufacturing conditions, or label their product correctly.
- Because of this breach, the product was released into the public market with defects.
- You purchased the product without be warned about its defects, then suffered injuries after using it.
4. Courts May Conduct Tests to Determine Whether the Defendant Has Liability
In product liability cases, there are two tests that courts may perform to determine whether the defendant holds any liability over the defective products. These tests include:
- Risk-utility test: This test determines whether the risks associated with the product’s design outweighs its benefits.
- Consumer expectation test: This test determines whether a “reasonable consumer” would also find the same defects with the product if they used it in a reasonable manner. Essentially, if someone uses the product for its intended purpose, do those defects still exist?
5. What Is a Defective Product Claim?
A defective product claim is a type of personal injury case. Plaintiffs in these cases file for compensation on grounds that they suffered an injury or illness because of a defective product that was sold to them.
