What Are Some Examples Of Product Liability Cases That You Handle?
Product liability is being injured by a defective product or equipment, including architectural negligence. When any product or manufactured item injures someone because of a defect, the manufacturer and possibly the seller are responsible for putting it into the stream of commerce.
Do I Need To Have The Physical Product Or Original Packaging And Instructions In Order To Bring A Product Liability Claim?
You don’t have to have the product to file a claim. However, the defense will then be that it never happened or you weren’t injured by the product. It’s always good to keep the product or keep the defective part of the product, if possible. However, as long as you can identify the product and show that it happened, you have a valid claim.
Who Is Potentially Liable In A Product Liability Case?
The manufacturer is liable, and many times, the seller is liable. There can be situations where someone gives or sells you their used ladder, for example, and they know one of the rungs has been sawed halfway off, and they don’t tell you about it. Therefore, they’re potentially liable for giving you their defective product. Standards of care apply to the person placing it into the stream of commerce or giving it to you, especially if they knew of a defect or a latent or hidden defect. They have a duty to tell you to watch out because one rung doesn’t work, in the “ladder example” as given.
Can Someone Injured By A Product Be Successful In A Product Liability Case If The Following Components Are Involved In The Case?
He Or She Did Not Personally Purchase The Product That Caused The Injury.
You don’t have to purchase the product in order to have a potentially viable case against the entity that put the product into the stream of commerce or manufactured the product, as long as you’re an expected user of the product.
He Or She Did Not Use The Product Properly Or In Accordance With The Directions On The Product Packaging.
The product packaging must have viable, easily understood directions, in order for a person to be expected to follow them. Florida is a comparative negligence state and the jury will be presented the defense of the product. If the product wasn’t defective, there is usually no valid claim. If the injured person is negligent themselves, the jury will be able to state the percentage of negligence of each party involved with the defective product. If you are found to be 50% negligent, your damages will be reduced by 50%.
For more information on Product Liability Claims In Florida, a no obligation consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 906-2212 today.