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Elements of a Boynton Beach Product Liability Claim

We use hundreds of products each day that generally are safe and free from defect. Occasionally, though, we use a product that causes an injury because it is defective or because you were not properly warned of a potential danger inherent in its use.

When this happens, you may be able to file a defective product claim to pursue compensation for pain, suffering, lost wages, medical bills and other issues. Our experienced defective product attorneys can help you with your claim. There are three main types of defective products claims:

  • Defective product manufacture, where a defect is caused or originates in the manufacturing process (a lamp model with a short in the wiring)
  • Defective product design, where a defect is inherent in the basic design of the product (a television model that has a tendency to tip over)
  • Inadequate product warnings, where there is insufficient warning about how to use it or the dangers the product poses even in normal use (electrical plugs without a warning about inserting things into the plug)

Proving Liability

The fault, or liability, for your injuries can lie with any of the following in the supply chain for any particular product:

  • The manufacturer of the product
  • The manufacturer of any of the parts making up the product
  • An assembler or installer of the product
  • A wholesaler that sold the product to retailers
  • A retail store that sold the product

Common Products Associated With Defects

Practically any product, from toys and kitchenware to vehicles and appliances to medical devices and even medicine itself, can be defective. To file a claim, however, you must be able to prove the product was defective or had a lack of warning and that the product’s defect or lack of warning caused your injury. Some of the types of products that have been the subject of defective product cases in the past include:

  • Car seats
  • Tires
  • Automotive parts
  • Cosmetics

If you’ve been injured by a product, you must be able to prove the product was defective and the defect caused the product to be unsafe. Some products, such as knives, fall under the “unavoidably unsafe” product description, since making knives safer (duller) would make them useless. These products must come with proper warnings about the dangers in their use and consumers take the risk in using them.

Since there is no federal law pertaining to product liability, each state has its own laws regulating such claims. This is why it’s important to contact the experienced attorneys at Kogan & DiSalvo Personal Injury Attorneys in Florida. We are extensively experienced with relevant state laws and regulations, as well as federal ones.

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