Accidents Due to Defective Product In Fort Myers, Florida
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 in Fort Myers can be difficult, as the state has complex product liability laws, and the burden of proof is on the plaintiff. As a result, many victims choose to hire a car accident lawyer in Fort Myers to help them navigate this process.
What makes a Product Defective?
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.
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 Myers
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 injuries such as:
- Food poisoning.
- Allergic reactions
- Broken bones.
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 in Fort Myers, Florida
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.
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.
How to Prove Strict Liability in Fort Myers?
Alternately, strict liability only requires you to prove that the product itself has a defect that is dangerous enough to cause injury. In order 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 personal injury law firm. At the Law Offices of Wolf & Pravato, we aim to support our clients by providing honest and open communication regarding their cases. Our personal injury lawyer in Fort Myers want to help you understand the legal options available to you. Call (954) 633-8270 now to set up your free case review.
Auto Accidents Due to Defective Products FAQs
Who Is Liable for a Defective Product?
According to Florida Statutes § 768.81(1)(d), there is a means based on a theory of strict liability to determine who is the liable party in defective product cases. At times, it can be that a percentage of the fault lies with manufacturing, a portion with the product’s design, or it could be that it was poorly designed, and it required warning labels with the marketing, which were not there.
An attorney can guide you through the discovery process. Florida law clearly defines product liability in three areas, which involve product design, product manufacturing, and product marketing.
How to Know if a Product Is Defective?
It is not a matter of if the product injured the consumer. Unfortunately, many very functional products harm consumers accidentally every day. Under Florida law, it is a matter of if the product had a specific defect and if that defect directly impacted the cause of your injury.
Can You Sue for Negligence Due to an Injury Caused by a Defective Product?
Yes, you can sue for compensation for injuries that a defective product caused. Under the same Florida statute listed above, Florida law determines negligence and strict liability. Under the law, there are two common theories for bad product cases:
- Negligence Theory:
Negligence has a fundamental definition of failure to perform your duties. A manufacturer must ensure its product is safe when put out on the market. The manufacturer is responsible for putting any warnings on the product for safety. For example, any bags on your item should be labeled, “Keep away from animals and children.” Manufacturers are responsible for the warning label on lighters, medicines, or any product if misused.
Being represented by an attorney means that you have someone in your corner that understands manufacturing laws and how they should be followed.
- Strict Liability Theory:
When a defective product case uses the strict liability theory, the defendant does not necessarily imply that there was any negligence. Using the argument of strict liability means that you only need prove that the product caused your injury.
What Is a Defective Product Claim?
If you or your family members have been injured or killed due to a product malfunction or defect, you likely have a defective product claim. This is the demand that you assert with the courts that you deserve compensation for the injuries and or other losses suffered due to the manufacturing or other defects in the product you or your family member used or purchased.
What Is It Called When a Person Is Injured by a Defective Product?
Anytime a person is injured by a defective product, it is called product liability. Product liability is a field in the law in which those who manufacture or sell products are held responsible for any injuries their products may cause.