What is Product Liability and How It Affects Your Personal Injury Case in Fort Walton Beach, Florida?
Product liability is a common type of personal injury case. These are the types of cases you see on the news when a product is recalled. The one problem with product liability cases is that usually, by the time you know there is an issue, you have suffered a serious injury.
When you are hurt by a defective product, you should seek medical care immediately. You then need to contact a personal injury attorney. There is no reason why you should go up against a large company without legal representation.
When it comes to product liability, there are a few types. Some injuries fall under what is called strict liability. This means that the manufacturer is liable no matter how careful they were. Other cases fall under negligence. These cases are treated like any other personal injury case.
Do Personal Injury Attorneys in Fort Walton Beach Handle Product Liability Cases?
Most personal injury lawyers handle product liability cases. In fact, personal injury attorneys like handling these types of cases. Not only are the damages usually higher than most other personal injury cases, but they know they are doing good. By holding manufacturers and distributors responsible for harming a consumer, they are helping the entire community.
There are three types of product liability claims:
- Defective product
- Defective design
- Failure to warn or inadequate safety warnings
All states have roughly the same laws when it comes to product liability. Florida treats these cases the same as almost every other state. You must keep in mind that even if you can prove a product is defective, you must still prove it caused your injury.
This type of product liability claim is exactly what is sounds like. In these cases, the product design was fine, but the manufacturer did not make the product correctly. There can be issues at the factory or perhaps the material they used was defective.
Some common types of defective product cases are:
- A can of soup has shards of glass in it
- A swing set has a cracked chain
- A moped is missing brake pads
Depending on how serious you were injured, your claim for damages may be very high. Because you trust that a product is safe when you buy it, you are not prepared for the injuries they cause. For example, if your toddler is playing on a defective swing set, he could fall and suffer a traumatic brain injury or spinal cord injury.
Defective Design Product Liability
With these types of cases, it’s not the product wasn’t made properly. The issue is that product's design is dangerous. These types of cases are actually a bit harder to prove than a defective product.
With a defective product case, all you need to do is prove that the product wasn’t made properly. You obviously also need to prove that you were hurt by the product. In a defective design case, you need to prove that the design itself is dangerous.
Examples of defective design cases include:
- A car that catches on fire when the left brake light is hit on impact
- An electric blanket that electrocutes the user when he turns it on
- A table that is built with uneven legs that causes the user to fall
Often, you will see recalls with these types of cases. Responsible manufacturers will recall a product as soon as they realize it is dangerous. Sadly, many companies wait until the damages they pay out in lawsuits hits a certain point before they do this. They weigh the costs of fixing the design against the money they’ll have to pay out in legal claims.
Lack of Warnings or Ineffective Warnings
These cases are a bit complicated. Your personal injury lawyer is not claiming that the product was made wrong. Nor will he argue that the design was flawed. He has to prove that the product was dangerous and should have come with a warning. He must then show that this warning was either missing, or that the warning that was used was not effective.
These types of cases include:
- Cookware that gets extremely hot
- Dangerous drug interactions
- Children's toys that may present a choking hazard
Settlement of a Product Liability Claim
More often than not, manufacturers want to settle product liability claims as quickly and as quietly as possible. They do not want the bad publicity that comes with a full-blown trial. Nor do they want to spend the money and resources defending such a case.
Your attorney is experienced in these types of cases. They know how far to push the defendant without risking the chance of a settlement. They will do research to see if the defendant has paid out similar claims in the past.
Contact a Personal Injury Lawyer in Fort Walton Beach
If you or a family member have been hurt in a product liability case, you need a personal injury lawyer. Personal injury lawyers know how to handle these types of cases. They know what proof is required to get you the best settlement possible.
Contact a personal injury lawyer in Fort Walton Beach today. The initial consultation is free. They will answer any questions you may have. You pay nothing until you win your case.