Every year thousands of defective and dangerous products are sold to consumers, causing all kinds of injuries. Product liability laws are in a place in order to protect the public from these dangerous products, and to ensure they get compensated if they’re unfortunate enough to get injured.
If you have purchased a defective product and suffer injuries, you have a right to claim damages. The claim may be sought against the distributor, the manufacturer, the importer, or the designer. It all depends on the type of product liability claim you are looking to file.
If a product has been designed in a defective way, then your claim would be directed towards this type of product liability. In this type of case, the product(s) are seen to be hazardous in their design alone, regardless of the manufacturing process. In the state of Florida, a design must be ‘unreasonably dangerous’ to the person or even anyone near the product. This means if a bystander suffers due to the dangerous nature of the design, they may also claim damages. In this situation, strict liability applies which means that there is a claim regardless of negligence.
These are the most common product liability claims, and occur when the process in which the product is made causes it to be dangerous. This means even if the design was safe, the way the item was made results in it being inherently hazardous.
The final type of product liability addresses the responsibility of providing sufficient warnings. The most common type of warnings are those on medicines for example. Manufacturers do not have to warn of every single type of danger associated with the product, but the warnings must be legible and clear and to the best of their knowledge.
If you have been injured due to the defective nature of a product and are unsure of what type of product liability claim to pursue, speak with the experienced and dedicated team at Franco Law Firm.