The manufacturers of consumer or commercial products have a legal duty to ensure their products are reasonably safe. While some products are naturally dangerous or carry inherent risk, it is possible that poor design or mechanical flaws could cause them to be unreasonably hazardous. If you or a loved one has suffered an injury due to a dangerous or defective product, a skilled injury attorney could help you obtain compensation.
There are many ways a product could become defective, and the strategy for pursuing each type of claim might differ. A Kenneth City defective products lawyer could evaluate your case and advise you on how best to proceed.
Types of Defective Product Claims
Three types of manufacturing defects could result in an injury. These categories include design defects, manufacturing defects, and failure to warn. With the help of an attorney, a Kenneth City resident injured by defective products could pursue any of these claims.
Some product designs are so flawed that the resulting product is inherently dangerous, even though it should not be. These design errors could result in a product that is unreasonably dangerous, even when used as directed. A defective design could lead to a viable claim against both the designer and any third-party company responsible for testing the product before launch.
From the end of the design phase to the point the product reaches the consumer, any dangerous product could lead to a manufacturing defects claim. Often, these claims originate with mistakes during manufacturing. These mistakes could be due to human error, bad ingredients, or mechanical failure.
A manufacturing defect claim might also apply further downstream in the supply chain. If the product is rendered unsafe during transit or even in the hands of the retailer, a manufacturing defect claim could still be viable.
Failure to Warn
An important concept with defective product claims is whether or not the consumer used the product as intended. If a consumer disregarded the instructions or safety warnings that came with the product, the manufacturer is unlikely to face civil liability for any resulting injuries.
However, a failure to warn claim may arise when the packaging or documentation for a product fails to warn a consumer of inherent risks. This could occur when the packaging fails to warn of a substantial risk of injury, or when the instructions for use are unclear.
When to File a Defective Products Lawsuit
According to Florida Statute Section 95.11, the time limit to file a defective product lawsuit in Kenneth City is four years. This deadline begins to run the date the injury occurs. According to the statute, the courts are empowered to dismiss a claim entirely if a plaintiff files it after the statutory period expires. The statute shortens this deadline to two years if the defective product results in fatal injuries. While navigating these legal deadlines can be challenging, a Kenneth City defective products attorney could assist a plaintiff with legal compliance.
Work With a Kenneth City Defective Products Attorney
With the help of skilled legal counsel, you may be able to recover monetary compensation following a defective product injury. Even though the companies behind these products are often enormous, they are not immune to a strong claim for compensation. Contact a Kenneth City defective products lawyer by calling today to get started on building your case.