Injuries that result from the use of defective products can cause you and your family a great deal of stress, emotional trauma, and physical pain. You also may suffer the economic effects of injuries if you are unable to work and incur medical bills. Product liability laws protect consumers who suffer harm when they use defective products. Various parties may be held liable for injuries that occur from the use of faulty products, including manufacturers, retailers, and wholesalers.
A Seminole defective products lawyer may be able to help you identify all potentially liable parties and hold them responsible for releasing defective products. A personal injury lawyer could help you seek compensation for damages such as pain and suffering, mental anguish, and the cost of medical expenses.
Types of Defective Product Claims in Seminole
When a product is faulty and causes injuries to its user, the injured party may have grounds for a products liability claim. There are three main classes of defective product claims under products liability law.
Manufacturing defects occur when something goes wrong during the manufacturing process that results in a defective product. In many cases, these defects will be limited to a minimal number of the overall products. If the defect existed at the time that the product left the factory, however, the manufacturer is responsible for any injuries that it causes.
Design defects are flaws in the design of a product that make it inherently and unreasonably dangerous for consumer use. These defects make all products of this type a hazard to consumers. Liability in this situation may exist if:
- The design of the manufacturer was unreasonably dangerous before production
- The manufacturer could reasonably anticipate the harm that might result, and
- Another product design was economically and functionally feasible
Failure to Warn of Risks
If some feature of a product creates a reasonably foreseeable risk of harm, any party in the chain of distribution is potentially liable for failure to warn of these risks. All these parties must provide adequate warning labels or safety instructions that give consumers the knowledge that they need to avoid harm from using these products.
Strict Liability and Products Liability Claims
Products liability claims rely on the legal theory of strict liability. This theory states that manufacturers of products are liable if a product has a defect that led to injuries in consumers who used the product. Strict liability requires no showing that the manufacturer was negligent or careless in manufacturing the product.
Under strict liability, it also is irrelevant if the manufacturer exercised due care and caution when manufacturing the product. If the product is faulty and caused harm, the manufacturer is liable. However, strict liability only exists when consumers receive the product within the chain of distribution. Buying the product second-hand, for instance, exonerates the manufacturer from strict liability.
Furthermore, consumers who suffered the injuries must have been using the product as it was intended at the time their injuries occurred. The defect also must have been the proximate cause of their injuries. An experienced defective products lawyer in Seminole may be able to determine whether a specific situation satisfies all the requirements for a valid products liability claim.
Damages in Products Liability Claims
Damages in products liability claims may be extensive, depending on the nature and severity of the injuries. Individuals may be eligible for compensatory damages following injuries due to a defective product.
Compensatory damages include special damages and general damages. Special damages are those that reimburse the injured parties for their out-of-pocket expenses, such as medical bills, lost wages, and replacement of damaged property. General damages are more difficult to quantify, such as pain and suffering and loss of quality of life due to impairment. A seasoned defective products attorney in Seminole may be able to help determine the proper amount of damages that resulted from injuries related to a defective product.
Reach Out to a Seminole Defective Products Attorney Today
Injuries suffered from using a defective product can be devastating, expensive, and stressful. A Seminole defective products lawyer can help you seek the compensation you need to move forward.
Not only can you seek compensation for your losses, but you can send a strong message to manufacturers about consumer safety. You can prevent others from suffering similar harms and hold manufacturers accountable for their wrongful actions. Call today to get started on your case.