Should I Pursue a Product Liability Claim in Florida?

There are many questions that need answers if you’ve incurred harm, damages, or a loved one has died due to a product you have used or consumed.

This could be against the manufacturer, the retailer, or another party associated with the distribution of the product.

Court cases against big organizations can become timely and extremely complicated. It is important to do your homework and research the product history.

This is because in negligence and other associated cases, often it is up to the plaintiff, or the claimant to bear the burden of proof when it comes to harm associated with products.

What Is Product Liability?

Product liability is a term used to describe the legal responsibility that manufacturers and sellers have for the products they create and distribute. In short, product liability claims refer to cases where a defective or dangerous product has caused harm to a user or customer.

These cases can arise in a variety of industries, from healthcare devices to vehicles to household appliances. Product liability law is complex and varies depending on the jurisdiction and circumstances of each case. Consumers need to be aware of their rights if they are injured by a faulty product, and to seek legal counsel to determine the best course of action.

Similarly, manufacturers and sellers have a responsibility to ensure that the products they bring to market are reasonably safe and free of defects. Understanding product liability is an important part of ensuring the safety and protection of both consumers and businesses.

Defining Defective Products

A dangerous or defective product is a product that is flawed or damaged in some way, preventing it from functioning as intended. It can range from something as minor as a cosmetic scratch or a design defect, to a major safety hazard that could cause harm to the user.

Defective products can be found in almost every industry, from electronics and automobiles to food and pharmaceuticals. While most companies strive to maintain the highest standards of quality control to prevent manufacturing defects from occurring, there are times when mistakes happen and a product is released with a defect that the manufacturer fails to catch.

Implied Warranty

It is the responsibility of the manufacturer to make it right for the consumer, either through a recall or repair of the defective product. As consumers, it's important to understand your rights when it comes to the products you purchase. One such right is implied warranty. This means that when you make a purchase, the product should be of a reasonable quality and fit for its intended purpose. In other words, it's the expectation that what you buy will work as it's supposed to.

Although it doesn't necessarily have to be explicitly stated, implied warranty is automatically granted to all consumers by law. It's important to note that if a product fails to meet these standards, you have the right to have it repaired or replaced. So next time you make a purchase, keep implied warranty in mind to ensure you're getting the quality you deserve.

Questions To Ask Before Pursuing a Product Liability Lawsuit

We have compiled some questions that need answers before moving forward with a product liability claim.

Consider this a useful ‘FAQ’ of sorts to answer some of your most immediate questions regarding product liability claims.

What needs to be proven in your case?

In other words, this means the specific type of liability you are pursuing compensation for. There are multiple kinds of theories, and these can be used singularly or together. They include: breach of warranty, negligence, and strict liability.

Who would be held accountable for dangerous or defective products?

This can be the manufacturer, wholesaler, distributor and/or seller. Many times, they can and are held accountable for products that have been injured or killed.

How do I proceed with pursuing a case?

Your best option is seeking attorney counsel, as they are the mouthpiece for the law, and can provide you legal advice for your case. They can also evaluate your case to let you know whether you actually have a good case worth pursuing. That way, you won’t pursue without heed and be stuck with attorney costs.

When you say ‘damages,’ what do you mean by that?

If you have been injured, this means compensation for medical bills and costs, physical pain and suffering, mental anguish, loss of enjoyment of life, property damage (if applicable), and possibly punitive damages.

What does an attorney charge?

Every attorney can bill for their services differently, but typically, in personal injury there is a contingency fee arrangement (make sure you ask an attorney that specializes in product liability what their fee services are). In other words, they do not bill you for hourly work, and instead expect a portion of the recovery they get for you. This also means that they will cover case expenses such as deposition fees and other associated court costs throughout, with the cognizance that they will be recouping after a settlement has been awarded.

What are the risks of pursuing a case?

Big corporations have many resources and will fight any combatants that are against them. If you lose a case, you may be liable for the defendant’s court fees as well as your own. Talk to an attorney to see the risks, as it will be covered before the initial procedures begin for a case.

Let a Hernando County Lawyer Help

The answer as to whether you should pursue a product liability claim is yours and yours alone to make. Attorneys require your consent in order to represent you, so without this acquiescence, they are powerless to take the necessary steps.

There are class action suits, in which a law firm can pursue compensation for multiple claimants who were all afflicted by a specific service or product, but this also requires consent from clients.

For more information, feel free to talk to one of our qualified and experienced attorneys today. We here at Lowman Law Firm are a family ready to help yours.