Defective products often take people in St. Augustine by surprise and may cause serious injuries. This is especially true if the product involved is in the health or medical field, but almost any type of consumer product can prove harmful if it fails to perform as expected.
A St. Augustine defective products lawyer has experience protecting consumers from harm caused by defective products primarily under the theory of product liability, but also sometimes under negligence law or breach of warranty. If you suffered injury due to a defective product, consider consulting with a knowledgeable personal injury attorney who could evaluate your situation, determine whether you may be entitled to compensation, and work with you to obtain a full recovery.
Could Poor or Unsafe Design Lead to Liability?
The manufacturer of a product may be held liable for harm the product caused because of its poor design. In the context of personal injury law, a poorly designed product may still have the potential to injure customers even when it is used in accordance with the manufacturer’s intentions.
In many cases where a defect in design allegedly causes injury, a court may ask whether the design appeared unreasonably dangerous before production began, or whether the company should have anticipated that the design could harm a user. The court may also ask whether it was economically feasible to use a different design that could accomplish the same purpose with less risk.
Failure to Warn of Risks
A manufacturer’s failure to warn of a product’s risks or to provide proper instructions for a product’s use could also give rise to liability for defective products. If the presence of a warning or proper instructions could have prevented the injury that occurred, one or more entities connected with the product may be liable for the harm suffered.
If a product could overheat and catch fire if operated without adequate ventilation, consumers must be warned of the danger and must be instructed in safe operation. This failure to warn may be attributed to the manufacturer of an item or to a company that designs packaging for or distributes the product.
Defects in Manufacturing
Most people in St. Augustine may consider defective products as those that are manufactured improperly. A product may have been assembled with the wrong screws which are too short to hold it together, or a chemical mixture could be missing a vital component.
In cases involving alleged manufacturing defects, it may generally be necessary to show that the product was defective at the time it left control of the manufacturer. Among various other case-related tasks, this is something with which a St. Augustine defective products attorney could be of significant assistance. A dedicated lawyer could assist a plaintiff with the various case-related tasks required to file for compensation in St. Augustine.
What Are Some Common Difficulties in St. Augustine Defective Products Cases?
A lawsuit seeking recovery for harm caused by defective products may be based on different theories or a combination of them. Depending on the circumstances, it might be appropriate to establish liability based on the tort theory of negligence, on strict liability as a product liability case, or under a breach of express or implied warranty.
An experienced defective products lawyer in St. Augustine could work to determine the best strategy to employ in a particular situation. In some cases, a class action lawsuit may be the best option, which would require certification of the class in federal court.
Speak with a St. Augustine Defective Products Attorney
A defective products lawsuit could not only provide compensation to help plaintiffs with the long-term effects caused by a defective product, but it could also provide relief to others in a similar situation and help prevent other people from suffering harm in the future.
So, if you were injured through the use of a defective product, consult an experienced St. Augustine defective products lawyers to learn your options for pursuing appropriate financial recovery. Call today to schedule an initial consultation.