Injured by a product
Product Liability is the area of law which protects consumers who have been injured by a defective product. If you are injured due to defective product, several entities may be liable for the manufacture, release, or sale of a product they knew or should have known would pose a risk.
Types of defective products
A manufacturing defect is an error in the assembly of the product that causes the product not to perform as it was intended. Usually manufacturing defects are present in a small percentage of the goods manufactured and result from faulty construction. The consumer who was injured must prove the defect was present when the product left the factor. Then, based on a legal doctrine called “strict liability”, the manufacturer is liable for the defect, even if they took care throughout the process.
A design defect is a flaw in the design of the product that makes it unreasonably dangerous, creating a hazard for the user. This kind of defect is usually found in all of the product manufactured. A design defect generally exists where the design was unreasonably dangerous prior to production, the manufacturer could have anticipated the design would harm a user, and the manufacturer could have used another design without altering the purpose of the product or unreasonable cost.
Failure to warn
A failure to warn defect comes from the manufacturer’s failure to warn of potential risks. It usually occurs where there is no warning label on the product or the warning label is inadequate. If this occurs, any entity in the chain of distribution can be liable if a warning would have prevented a foreseeable injury. The American National Standards Institute has made guidelines for warning labels which specify requirements for an adequate warning label, the label should: inform a consumer of existing hazards, severity of the risk involved with the product, effects of the hazard, and how to avoid the hazard. It should be highly visible and in most cases, placed in a specific area.
In addition to these defects, there are three ways to pursue a claim for products liability.
In a negligence claim, the victim alleges that negligence in the design or manufacture of the product caused their injuries. The defect must be the cause of the injury and the product should have been being used as intended.
2) Strict Liability
Products liability claims are commonly pursued under strict liability. This requires that the product defect exists and that the injury resulted from that defect. It applies only where the produce was purchased in the chain of distribution, such as from a retailer, not second-hand.
3) Breach of Warranty
A breach of warranty claim applies essentially to claims or guarantees made about the product. When a product is sold, there are two warranties a buyer may rely on. Importantly, these apply to anyone who the person making the warranty should expect to use the product. So, a second-hand purchaser may still have this claim against the manufacturer.
An express warranty is any representation about the product or its safety made by the manufacturer or retailer, it includes displays, samples, statements in brochures or on receipts. An implied warranty is an implied promise by the manufacturer or any other liable party that the product if used properly, will not cause any harm. Warranties can be waived, but only in certain circumstances if particular language is used.
Who is liable?
Depending on the product, how it was acquired, and what type of injury occurred, an injured person can seek compensation from the manufacturer, wholesaler, and/or a retailer. In some cases, each of those parties has a share of liability.
What damages can I seek?
You may seek damages for the following:
Call us to discuss your case
Products liability can be a complex area of law and this is not the type of claim most consumers can handle alone. The attorney’s of Oldham & Delcamp have experience dealing with the type of research and negotiations which are necessary to ensure you receive adequate compensation.
About Oldham & Delcamp
We understand the physical, financial, and emotional toll a car accident places on your life. Our legal team treats all clients with the respect and compassion they deserve. We stay in communication with you throughout the process so you are never wondering about the status of your case.
When another driver chooses to text and drive, drink and drive or runs a red light, their impact on your life is disastrous. No one should pay out-of-pocket for medical expenses resulting from an accident that was no fault of your own.
Sadly, many auto accidents result in a fatality. If you’ve lost a loved one due to the negligence of another driver, you may be entitled to a wrongful death claim. While it doesn’t replace your loved one, it may protect your family’s financial future.
Call the office of Oldham and Delcamp Trial Attorneys today at 727-610-6758 to schedule a free consultation or visit us online. Oldham and Delcamp serve Pinellas, Hillsborough, Manatee, Citrus, Hernando Lake, and Marion Counties.
Don’t delay—the sooner we review your case, the sooner we can decide upon the best course of action for you. Time is of the essence due to the Florida statute of limitation for filing your case. Fight for the justice you deserve by contacting us as soon as possible. We can help as your slip and fall lawyer, DUI law and auto accident attorney as well as rear-end accidents attorney, trucking accidents attorney and premises liability lawyer. We can also help as your wrongful death attorney, assault and battery lawyer, and criminal theft attorney
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Broward County, is also currently on the Board of Directors of the Broward County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.