America is known for its innovation and adeptness at manufacturing and producing its ideas. Because of this, we are privileged enough to enjoy life as we know it. Unfortunately, as a consumer, you do not always get what you pay for. If you buy a product that either malfunctioned or was unsafe from the start and you were injured as a result, you may qualify for financial compensation. If you are considering filing a product liability lawsuit, here are some of the questions you may have:
What is a product liability claim?
If you are injured, your attorney will first determine the liable party. To win a personal injury case, it is essential you have an attorney establish exactly who is liable for the injuries you have sustained. There are three main categories of product liability cases. They are as follows:
- Design Defects: This is when a product is flawed by design. When a designer or inventor fails to account for user safety, he or he may be held responsible for the injuries you have sustained. Design defect cases are a bit harder to prove, however, so you will need an experienced attorney by your side to help assemble the necessary evidence. To help prove your claim, he or she may gather photographs, videos, medical documents, witness testimony, and more. In a design defect case, you and your attorney must prove that there was a safer, more feasible and equally practical design that would still allow the product to function as intended.
- Manufacturer Defects: These occur when a manufacturer does not follow the specific building guidelines for a product. Sometimes, manufacturers will disobey an item’s assembly instructions to save time or money, and if someone is injured as a result, they are generally entitled to financial compensation.
- Failure to Warn: When a product is safe but presents a potential hazard if used incorrectly, companies must put warning labels on the product, clearly and in writing. This is extremely important for user safety. If a company does not recognize the potential danger their product poses and you are injured as a result, there is a very good chance you will recover financial compensation.
How do I recover compensation?
To recover financial compensation, you must ultimately prove another party’s negligence is responsible for the injuries you have sustained. The most important thing you can do in these situations is to hire a knowledgeable attorney who will fight for your rights. The compensation you receive may go towards medical bills, the cost of in-home care, lost wages, and more.
Contact our experienced Florida firm
If you or someone you know was injured in a personal injury accident and wishes to speak with an attorney, contact Florida Personal Injury Law Team today.