When a defective product enters the market, it can be harmful to consumers even when used correctly. If you suffered an injury due to a defective product in Palm Harbor, a personal injury attorney may be able to help you exercise your legal rights.
Defective products cases are different from most injury lawsuits. To get the most out of your claim, you may want to discuss your case with a Palm Harbor defective products lawyer.
Types of Defective Products
Defective product claims in Palm Harbor fall into one of three categories, which a seasoned Palm Harbor defective products attorney could help a prospective plaintiff further understand and apply to their particular case. The three basic types of product defects that may justify a civil case are:
- Defective manufacturing
- Defective design
- Inadequate warnings
Defectively Manufactured Products
Manufacturing defects, as the name suggests, occur during the manufacturing process. Depending on the situation, the flaw may result from a problem with the manufacturing facility or stem from human error. If a product is damaged or unstable enough to injure a consumer while it is used correctly, the victim may have a valid liability claim.
Defectively Designed Products
Some flaws in a product occur before the manufacturing process. With these defects, the product is dangerous due to a design mistake. While manufacturing errors may affect small batches of a product, a flaw in the design means the entire line is faulty.
In some cases, a potentially dangerous product is safe if used as intended. However, if provided instructions are unclear regarding the proper way to use a product, a consumer may not realize any potential hazards until they cause injury. It is the responsibility of a manufacturer not only to build a safe product, but also to instruct the consumer on how to use it correctly.
Common Defenses in a Product Liability Case
While manufacturers are held to strict liability when their product injures a consumer, there are still valid defenses that a company could rely on to avoid responsibility. A skilled defective products lawyer in Palm Harbor could review a case carefully to identify any potential defenses that the manufacturer might raise at trial.
One common defense is the misuse of a product. A manufacturer is only liable for damages if the product injured someone who was using it as intended. However, this defense is somewhat narrow, as a manufacturer may still face liability if the consumer’s misuse of the product was reasonably foreseeable.
A product manufacturer may also avoid liability if the consumer substantially altered the product prior to suffering injury. When a consumer changes the nature of an item, the manufacturer cannot be held liable for those alterations.
Finally, a manufacturer is only liable for defects that occurred while a product is in their possession. If the product becomes defective at a later date, the manufacturer may not be liable. If a third party hired to transport the product damages them in transit, the manufacturer would not be responsible for the resulting damages.
Call a Palm Harbor Defective Products Attorney Right Away
If you believe you have a viable defective product claim, you may have the right to seek damages from the manufacturer responsible for your injuries. A Palm Harbor defective product lawyer might be able to assist in the recovery process by filing a lawsuit and pursuing damages on your behalf. Contact an attorney right away to learn more.