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Types of Product Liability Claims

Types of Product Liability Claims

Our daily lives are filled with consumer purchases. We trust manufacturers to provide adequate quality control to keep our families and us safe. After all, products like a defective tire that blows out in the middle of the highway could put our loved ones at tremendous risk.

You may remember hearing about product recalls throughout the year. These occur because there are justified concerns that a defective product could result in injury or wrongful death. For example, car airbags that could cause injuries, pet food containing unsafe products, or child-safety seats that do not pass safety guidelines.

Unfortunately, product liability claims happen after many consumers have been injured after using a product they believed was safe.

The Basics of Product Liability Law

No one wants to spend their hard-earned money on a product that doesn’t work. We expect the promises and labels that describe what the product does and its effect on us to be true.

Product liability law has evolved to protect consumers and compensate victims when the products do not work as promised. The primary classifications of product defects as described in product liability law include:

  • Defective designs: This means that the product was not adequately designed to be safe.
  • Defective manufacturing: This means that the design of the product was safe, but it was not manufactured safely.
  • Defective labels: This means that the design and the manufacturing may be fine, but the manufacturer failed to warn about the product’s dangers when used as intended. For example, cancer-causing pharmaceuticals that failed to warn consumers.

Florida law states that when any of these factors are present, and a person is injured, the manufacturer can be held strictly liable for any injuries. This may include anyone involved in the design, manufacturing, and sale of the product.

How to Spot a Defective Product

It can be challenging to know when a product is defective enough that the manufacturer or those involved in putting it on the market can be sued. For one, the product’s dangers may not be realized for a long time after it has been distributed.

It may not come as a surprise that manufacturers may not want to let the public know that a product is defective. They may try to keep the defect under wraps as much as possible.

Recalling products and settling product liability lawsuits can cost a company millions of dollars and ruin its brand reputation with the public. This is why so many regulations exist to protect consumers and hold manufacturers accountable for dispersing safe and reliable products.

Holding a Manufacturer Strictly Liable

If a product has injured you, you must be able to prove three things:

  1. That the product was defective under one of the classifications stated above
  2. That the defective product caused injury to you or a class of victims
  3. Failure of responsibility occurred

If a manufacturer is aware that a part or component of their product can explode or become damaged under normal use, they can be held liable under Florida law.

Holding a retailer accountable means that you would have to prove they knew that the product was defective and unsafe and failed to remove it from their shelves.

Hire a Product Liability Attorney

If you have suffered an injury or lost someone that you love because of potential product liability, you should contact an experienced Pensacola personal injury lawyer right away.

Product liability cases can be complex and require a personal injury law firm’s skills, resources, and knowledge. An attorney will go over your claim with you and determine what your next steps should be.

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by Rebecca Jones // Contributor to Businessing Magazine.

Opinions expressed by contributors are their own.