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In the area of injury law, there is a special type of injury claim that can be brought against the manufacturer of a product, including an automobile. A Products Liability claim involved an injured party who is claiming that their injury was caused by some sort of defect in the product. This defect can either be a defective warning, a defect in the manufacturing of the product, or even a defect in the design of the product. Products Liability cases can be brought under several theories including negligence on the part of the manufacturer, a wrongful death claim if the defect was the cause of a fatality and breach of warranties. Furthermore, Florida, like many states, allows claims against distributors of products in that distributor knew or had reason to know that the product was defective and did nothing to prevent it from reaching consumers.
What is a defective warning?
A defective warning results when a manufacturer is aware of a dangerous propensity of a product and fails to provide consumers with adequate warnings. This manufacturer is under a duty to adequately warn consumers of any foreseeable use or misuse of the product. Sometimes warning are required by law, for instance in the case of SUV’s which require that manufacturers warn drivers of the instability of handling an SUV on the open road. If a manufacturer fails to provide adequate warnings, and injuries are caused by foreseeable use of the product, the injured party may have a claim for damages against the manufacturer.
What is a defect in the manufacturing of a product?
Sometimes products are adequately designed, but leave the assembly plant having been assembled incorrectly. In this instance, the product has been designed adequately and in its correct assembly would have functioned safely. However, due to incorrect assembly, the product caused injury. If this is the case, an injured party may have a products liability claim against the manufacturer for a defect in the assembly of the product.
What is a design defect?
In some instances a product is assembled as it was intended, yet still caused injury. The cause of injury may have been that the product was defectively designed. Under this theory, an injured party argues that the product could have been designed in a manner that would have made it safer and therefore would have prevented their injury. It is a difficult theory to prove as the burden is on the injured party to show that there was a reasonable alternative to designing the product which if implemented could have prevented the injury.
How do I know if I have a products liability claim?
Call Dan Newlin Injury Attorneys at 800-257-1822: Products Liability cases are a very intricate area of injury law. Cases often turn on the amount of research conducted by the plaintiff’s legal team to include the implementation of expert witnesses. We have always made it our goal to incorporate highly qualified experts to testify on our client’ behalf in products liability cases. Furthermore, my partners explore all viable legal arguments to help in winning your case. As always, our services are offered with NO FEES or COST, unless we win your case.