Have you lost a loved one due to an unsafe product?
Every day, we rely on dozens of products to help us in our daily routine. We rely on them to make our life easy, but we also count on these products to be safe to use.
Defective products cause millions of injuries and fatalities every year. Sometimes products do not operate properly or cannot be used in the manner they were intended. A faulty or defective product can lead to a product liability lawsuit if someone is injured or killed by the use of the product. The various types of defective products can range from motor vehicles, boats, children’s toys, and equipment or machinery used in construction or manufacturing.
Products liability cases typically focus on the manufacturer’s conduct and will fall into one of the following categories – design defects, manufacturing defects, and failure to warn.
Design defects – these cases focus on the way the product was intended to be made and the fact that the particular design is dangerous. Florida’s “consumer expectation test” states that a product is considered unreasonably dangerous if it does not perform as safely as reasonably expected when it is used by the consumer in its intended manner. An example of a design defect case is a toy that is intended for young children but is small enough to be swallowed.
Failure to warn – these cases focus on the manufacturer or seller’s lack of warnings and the argument that the product would have been safe if the proper warnings had been given. The product may have been properly designed, but it was not accompanied by the correct warnings and this failure created a hazard, making the product unreasonably dangerous to its intended user. Examples of products that could be defective due to inadequate warnings could include a prescription drug that has serious side effects or contra-indicators that are not on the label, or a piece of heavy machinery (such as a power saw) that does not have instructions telling the user where to safely place his hands when using the equipment.
Manufacturing defect – these cases focus on the fact that the product was not manufactured as it was intended to be made, usually due to a defect in the manufacturing facility. If the defective product causes an injury to its intended user, the manufacturer can be held liable. Examples of manufacturing defects include an airbag that does not deploy even though the manufacturer had designed it to work properly, or a safety latch on a seat belt that does not properly hold during an accident.
As you can see, product liability cases are usually very complicated and involve complex laws. Make sure the attorney you contact has the necessary experience in helping people who have been injured by faulty products so that you can get the compensation you deserve. Product liability lawsuits can be very expensive to pursue, so it is important that you hire an attorney who knows how to handle these claims and who has the financial ability to fight the manufacturer and seller.
Jeff Murphy Law will aggressively pursue claims resulting from unsafe or defective products. If you or a loved one has been injured or killed as a result of a defective product, you should contact an experienced product liability lawyer in Tampa, FL, as soon as possible.
Call Jeff Murphy Law at 813-443-5553 for a free consultation.