The products that consumers use in Florida and other states are expected to be safe. If they are not, a person harmed by a defective device can try to hold its manufacturer or designer accountable. In many cases, a defendant might still be liable even if it has taken reasonable care in designing and making the item. If you have been hurt in the Fort Lauderdale area by a defective product, the injury attorneys at Cecere Santana can explain your rights and explore your options with you.
Asserting Your Rights through a Product Liability Claim
Depending on the facts of the case, a consumer injured by a defective product may try to hold its manufacturer, designer, wholesaler, distributor, or seller liable. The lawsuit filed can allege multiple causes of action, such as strict liability. To prove a defective product claim that is based on strict liability, the victim must establish that the item was a direct cause of his or her injuries, and that he or she was using it in an intended or foreseeable way. The amount of care that a manufacturer actually used in making a product is irrelevant in strict liability claims. This theory can be used only when an item reached the consumer directly through the stream of commerce, rather than being purchased second-hand.
A product may be flawed in several ways. The primary types of problems that may give rise to a strict liability claim are design defects, manufacturing defects, and warning defects. A design defect occurs when a product is designed with a flaw that makes the product dangerous, regardless of how it is made. The defect is inherent in the design of the product. A flaw that originates during the production of a product and makes it dangerous is called a manufacturing defect. If the defendant failed to provide adequate instructions or warnings regarding how to use the product, it may have a warning defect, also called a failure to warn.
In addition to strict liability, a consumer may choose to bring a lawsuit based on a theory of negligence. This requires showing that the defendant had a duty of care to the injured individual and breached it through a careless action. It differs from strict liability in that the level of care used by the entity being sued is a critical element that the victim needs to prove. As in strict liability, it is essential to draw a direct link from the product’s defect to the injuries.
A consumer who proves a successful product liability case, whether through strict liability or negligence, is typically entitled to collect damages from any defendants found liable. These forms of compensation can compensate a victim for physical, psychological, and financial harm. Some common examples of damages include pain and suffering, loss of enjoyment of life, medical expenses, lost wages, and mental anguish.
Consult an Experienced Fort Lauderdale Attorney After an Accident
The manufacturers, designers, and sellers of defective devices should be held accountable for the harm that they cause. If you have been hurt by a defective product, the accident lawyers at Cecere Santana can help you seek compensation. We have assisted clients from Fort Lauderdale and other Florida cities, including Sunrise, Davie, and Hollywood. To schedule a free case evaluation, call 800-753-5529 or contact us online.