10 Facts about Product Liability Claims
Posted in Defective Products on January 12, 2015
If you suffered injuries or lost a loved one as a result of a defective product, you can file a product liability claim against a manufacturer and in some cases other parties as well. Here are some facts about product liability claims.
1. Florida is a Strict Product Liability State
Florida’s product liability laws are based on the strict liability statute. That means that you do not have to provide proof of a manufacturer’s negligence to claim damages. You only have to prove that the product was defective and that it resulted in your injuries.
2. A Product May Be Defective in a Few Ways
A manufacturer can produce a defective product in a number of different ways. For instance, the company could be careless in the design of the product or follow shoddy manufacturing practices.
3. Marketing Flaws Can Be Grounds for a Defective Product Claim
If a company inaccurately markets its products or fails to denote the age group for which the product is designed, it may be liable for damages.
4. Even Failure to Provide Warning Labels Could Make a Company Liable
If a company fails to provide warning of the potential risks of the product or fails to provide clear safety instructions, it could be liable in a claim for damages.
5. More Than One Party May Be Liable for Damages
A product liability lawsuit can include not just the manufacturer of the product, but also wholesalers, retail store owners, and others. You must prove that these additional parties were negligent in some way and contributed to your injuries.
6. Consumers Have a Responsibility for Their Own Safety
Strict liability does not mean that consumers have no personal responsibility. A company may successfully defend a product liability claim, claiming that the consumer failed to use the product in the manner intended or was careless in the use of the product.
7. Product Liability Claims Are Sometimes Based on Negligence
Apart from strict liability, a product liability claim can also claim negligence of the product manufacturer. These claims must prove that the manufacturer had a duty to provide a safe product, failed in that duty, and that the failure resulted in injuries and monetary damages to the plaintiff.
8. A Company Can Successfully Defend a Product Liability Claim
Suffering injuries from the use of a defective product doesn’t mean that a court will find in your favor. Companies can successfully defend claims by alleging that the plaintiff used the product in spite of knowing that the product was hazardous. Other defenses may be possible as well.
9. Injured Consumers Are Eligible for Damages
Persons who suffered injuries from the use of a defective product can qualify for damages that include the following.
- Medical expenses
- Lost income
- Pain and suffering
Each case is unique, though, and damages may differ from one case to the next.
10. An Attorney Can Help with Your Product Liability Claim
It’s important to hire an attorney familiar with filing product liability lawsuits against corporations in product liability claims. If you suffered injuries because of the use of a defective product, speak to a product liability attorney at Chalik and Chalik: 855-529-0269.