If a lawn mower blade spins off, causing injury, or a medicine causes a serious side effect, these unsafe products are handled under Florida’s product liability law. Product liability is an extensive and complex area of law requiring the skill and experience of an attorney such as the Broward County product liability lawyer.
A qualified attorney can determine if someone who is injured by a product has a legitimate case against the manufacturer. The circumstances of the injury are weighed against the law in a free, no-obligation consultation. The attorney will answer questions and explain how the law may work to get a victim compensation for injury.
Those harmed by a product can use strict liability or negligence doctrines to recover damages caused by a defective product. Manufacturers can use the defense that the product user abused the product or operated it for something for which it was not intended. Besides the manufacturer, Florida law allows the defective product’s suppliers, distributors, and sellers to be financially liable as well.
Manufacturers have a legal duty to put safe products on the market, but in the event of an injury or death, the victim’s legal team may not be able to gather all of the essential evidence. That is because the necessary information often does not exist, is unattainable, or willfully concealed or destroyed. A valid case cannot be pursued under the normal legal doctrine of negligence. Therefore, Florida’s law presumes the manufacturer is negligent, so the parties harmed do not need to prove negligence.
Negligence aside, manufacturers can be sued for a dangerous or defective product under Florida’s strict liability doctrine. Alleging fault in the product’s design, manufacture, or marketing, such as lacking or insufficient warning labels are all feasible evidence in a product liability case.
Some products are inherently dangerous by design, such as firearms, so the design is not a factor that can cause harm. A design flaw, however, can render the product defective. Errors in making the product are usually not intended, but rather a failure in the manufacturing process causing a defect. Marketing defects are materials that do not adequately caution or warn the user about its use or risks. Under strict liability, the person injured has to prove a wrongful act occurred for which the manufacturer is responsible. This can be possible with the help of a Broward County product liability lawyer. They can show that the product was not abused, misused, or tampered with, and the product was used as purchased in its original condition.
Negligence doctrine is a more involved approach because the harmed person needs to prove a company was negligent. Negligence is performing in a manner that a reasonable, prudent person or entity would not in a similar situation. Under Florida’s negligence doctrine, those harmed by a product can allege that the manufacturer acted negligently by placing a defective product on the market, thereby violating the care it owed to purchasers.
The injured party then must also prove that the product’s maker knew or should have known the product was defective and foreseeably put users at risk. The producer has a duty to customers to not cause harm, and the product is not intended to cause abuse. The breach resulted in the proximate cause, also known as the legal cause, of the harm from which financial expenses, called damages, happened.
If you have suffered from a defective product, contact the Broward County product liability lawyer to get the compensation you may deserve. Hiring a product liability attorney of Broward County does not cost money up front. Personal injury lawyers work on contingency, meaning they are compensated for their work by a portion of the damages they win for the individual. Should the case be lost, the attorney waives the fees.