Product liability laws require all manufacturers to release safe products to the public. However, injuries still occur, and consumers considering product liability cases will need an experienced Delray Beach product liability lawyer who could litigate on behalf of those injured by a defective product. Product liability lawsuits in Florida must be filed with the proper court within two years from the time of injury.
If this time limit is not met, the injured person is forbidden by law from suing for damages under that injury. For this reason, it may be significant to reach out to a weathered Delray Beach product liability lawyer as soon as possible. Read on to learn more about how a skilled injury attorney could offer you their assistance today.
Delray Beach’s Strict Liability Laws
Finding fault with a product—whether chemical, mechanical, or manual—is determined by its design, manufacture, or marketing. A fault in one or more of these general areas opens the manufacturer to liability for personal damages that customers sustained from using the product. When designing a product, liabilities can arise when it is built dangerously by intent or error.
While most manufacturing product errors are usually without intent, they still can cause significant harm. Additionally, if a product was marketed without warning users of the product’s potential operation errors, misuse, or side effects, a company may be liable for any damages the product may cause. Reach out to a determined injury attorney to learn more.
In order to win a product liability case, a plaintiff needs to prove that a wrongful incident occurred, the defendant is to blame, the product was not misused or tampered with, and that it was unknowingly purchased in its dangerous condition. More importantly, the product’s user must prove that he or she did not abuse, modify, or misuse the product and that the company that released the product knew or should have known the user could suffer an injury during normal use.
Product liability law assumes those responsible for the product are liable for its damages. This assumption relieves the injured party of having to prove negligence, the rationale behind this being the evidence may be non-existent, costly to obtain, or intentionally hidden. Know that a dedicated Delray Beach product liability lawyer can be vital in proving these events.
Negligence Laws in Delray Beach
Under the law, all reasonable individuals are required to use care when providing a product or service to the public. This concept is called the duty of care. For example, a company releasing a product to the consumer owes a duty of care that the product is reasonably safe and that the consumer is aware of any potential harm. A manufacturer that violates that duty is committing a breach.
A breach is a foreseeable reason for an event that results in injury, death, property damage, and actual financial losses. These criteria must be proven for a successful negligence lawsuit. Delray Beach uses a negligence standard that holds anyone who is responsible for an event that causes injury to share financial responsibility based on how much fault the party has on a percentage basis. This percentage is determined by a jury or the court.
Working with a Delray Beach Product Liability Lawyer
Dangerous products can come from any company in any industry—and if you encounter one, the risks it poses to you and those around you could be severe. If you suffer injury due to negligence on the part of a product manufacturer or seller, know that you have legal options for restitution. A compassionate Delray Beach product liability lawyer could explain the laws involved in your case and answer any questions you may have. If you are seeking damages for a product malfunction, you should contact a seasoned Delray product liability lawyer as soon as possible to pursue your best possible outcome.