No one should ever be injured by a defective product. Unfortunately, it happens more frequently than most people imagine. According to the Insurance Information Institute, there were over eighty-six billion dollars in product liability premiums written in 2014 alone. If you factor in the many businesses that choose to forgo this type of insurance, you start to see the true scope of the problem. You also start to see the need for aggressive Florida product liability attorneys.
It’s clear that product liability law is an important and complicated type of law to practice. What you may not know, though, is exactly what causes product liability claims, the different types of claims, what to do after you’ve been injured, and more.
Keep reading to learn the answers to these questions. Call The Berman Law Group today at 1-800-375-5555 for a complimentary case evaluation from our team of talented product liability lawyers in Florida.
Causes of Product Liability Claims
While it’s tempting to say there are only a few causes of product liability claims, the truth is there are an almost unlimited number of causes. Consider all the steps that go into designing a car, then consider all the steps that go into manufacturing that car, and finally, consider all the steps that go into marketing and selling that car. Every single one of these can be the cause of an accident and a product liability lawsuit.
Thankfully, these different causes have been broadly grouped into three personal injury law categories: design defects, manufacturing defects and failure to warn or instruct.
- Design defects are instances where a product’s design or structural components have been deemed unsafe and can potentially cause injuries. This can include being injured by a building that isn’t structurally sound, among many other things.
- Manufacturing defects are, as the name suggests, instances where the product in question was created or assembled incorrectly during the manufacturing process. This can include being injured by a faulty pair of anti-lock brakes.
- Failure to warn or instruct are instances where instructions were not provided, warnings were not given, or warnings were given but they were deemed to be insufficient to prevent harm. This can include the numerous lawsuits made against tobacco companies.
This final example, the numerous lawsuits leveled against Big Tobacco, illustrates one example of something called a class action lawsuit. This is when many hundreds or thousands of injured consumers sue a company and are represented by a small sampling of injured individuals. Make no mistake, class action lawsuits still require experienced and dedicated Florida product liability attorneys.
If you have been the victim of any of these three causes of product liability claims, contact The Berman Law Group today. We will fight to make sure you’re awarded the compensation you deserve.
Different Types of Product Liability Claims
There are three main types of product liability claims. These include negligence, strict liability and breach of warranty. Each of these types contains many subtypes and can quickly become complicated.
Find a breakdown of the different types of product liability lawsuits below, but consult with a product liability law firm in Florida for a detailed review of your individual circumstances and case.
Negligence refers to the duty that a designer, manufacturer, or retailer had to protect consumers from a potentially dangerous product. Like all types of negligence claims, proving negligence in a product liability case consists of showing four elements: duty of care, breach of duty, causation and damages.
The duty of care in product liability cases refers to the duty that a designer, manufacturer, or retailer had to design, build, or sell a safe product. This is generally the easiest part of negligence to prove, since you can expect a level of safety from almost all consumer products.
The breach of duty refers to a knowing move by the designer, manufacturer, or seller to design, build, or sell a product that they are certain is unreasonably dangerous. This is more difficult to prove and many large corporations retain teams of product liability lawyers in Florida to help protect them against breach of duty claims.
Causation refers to the ability to prove beyond a reasonable doubt that your injuries were caused by the product in question.
Damages refers to proving that you have suffered physical, mental, or emotional damages as a result of a defective product. This can also refer to proving wrongful death. Sometimes proving damages is simple, as in the case of a defective car that led to a broken arm. Sometimes, though, it’s more complicated to prove damages. This is especially true when quantifying mental or emotional damages.
To achieve a successful product liability lawsuit outcome, you must prove all four of these events occurred. This spotlights the need for experienced Florida product liability attorneys fighting aggressively on your side.
Despite sounding complicated, strict liability is perhaps the easiest type of product liability claim to understand. It’s also the most commonly pursed type of lawsuit. Strict liability means that the designer, manufacturer, or seller has to design, build, or sell a product that is completely safe and can’t harm anyone. Strict liability claims operate under the assumption that it doesn’t matter if the designer, manufacturer, or seller made every possible attempt to make sure the product was safe.
This type of product liability case can be leveled only if the consumer purchased the product through the chain of distribution. This is the legal term for purchasing a product on the market, rather than second-hand. If, for example, you bought a used car, you’re unable to start a strict liability product liability claim. However, you can claim a breach of warranty in certain circumstances.
Breach of Warranty
All products contain two types of warranties – the express warranty and the implied warranty.
The express warranty is defined as any and all paper or digital warranties that the manufacturer or seller creates. The implied warranty is defined as a promise of safety implied by the designer, manufacturer, or seller of the product. The implied warranty only applies to products that were used as intended.
If you were injured by a product as a result of a breach of warranty, contact product liability lawyers in Florida today. These are complex cases that require deft and skilled attorneys.
Finding the Right Florida Product Liability Lawyers
Picking the right attorney for your product liability case is as much legal art as science. Thankfully, you don’t have to leave it to chance. You have The Berman Law Group on your side.
Our team of product liability attorneys in Florida will fight for you. We have decades of collective experience and can help you no matter how large or small your case. Our team of trial lawyers knows what it takes to win. Call us today at 1-800-375-5555 for a complimentary case review and to learn your options.