How To File A Product Liability Claim

Each year, defective or harmful products cause thousands of injuries in the United States. “Product liability law,” which governs who is liable for faulty or dangerous goods, is unique from ordinary injury law, and this set of laws can sometimes make it simpler for an injured person to receive damages.

Product liability law is the body of law that governs instances in which a producer or seller of a product is held accountable for delivering a defective product to a consumer.

All links in the distribution chain that bring the goods to market bear responsibility for a risky or faulty product that ultimately causes injury.

In general, the law mandates that any goods meet the consumer’s reasonable expectations. When a product contains an unforeseen or hidden fault or hazard, it fails to live up to this expectation. Product liability claims are governed by state law, as no federal statutes apply.

 

Automobiles, children’s toys, and shampoos are all examples of products that may be subject to product liability claims. Despite the tremendous potential for injury, the majority of product liability cases fall into one of three categories.

 

Three Different Classifications of Product Liability Claims

Defective Design: This product liability claim asserts that the product is unsafe entirely as a result of its design, rather than a manufacturing fault. According to Florida law, a design flaw exists when a product is in a “unreasonably unsafe” state for the user or someone in close proximity to the product; this indicates that the product does not perform as safely as a consumer would anticipate. This criterion applies regardless of whether the product is used in the manner intended or in a manner reasonably foreseeable by the manufacturer. Important note: A person may recover in a product liability defect design case even if they are not the intended user of the product but are injured as a bystander.

Manufacturing Faults: The most frequently encountered type of product liability claim is for manufacturing defects. A manufacturing defect claim asserts that, while the product’s original design is intrinsically safe, something transpired during the production process to render it dangerous. A manufacturing defect exists when a product does not comply to its intended design and hence does not perform as safely as the planned design would.

Warnings and Instructions: If a consumer is harmed as a result of inappropriate product use, they may have a product liability claim if the proper use of the product was not communicated adequately. They may also submit a claim if no warnings about improper product use were provided. A frequent example would be if a pharmaceutical fails to notify consumers about potential adverse effects, and those side effects result in increased harm.

Are You Entitled to Bring a Product Liability Claim?

As with any part of the law, if you are unfamiliar with the legislation, it can get rather complicated. If you believe you have been harmed by a product defect or by a manufacturer’s failure to warn you of inherent dangers, you can begin by conducting a web search to determine whether three is precedence for your particular case.

 

The most effective strategy to determine your chances of prevailing in a product liability claim is to consult with an experienced product liability attorney. They can advise you on the merits of your case and may be aware of any pending class-action lawsuits – or previous successful cases involving the same product problem. If you have any questions, contact the attorneys at Caron, Colven, Robison & Shafton. Rather of suffering in silence, let us to teach you about your rights!