As a consumer, the use of a product comes with a reasonable expectation of its safety to you. When a product causes injury, you could have a claim under product liability laws. Our West Palm Beach defective products lawyers help injured people pursue available claims for compensation. Learn how these cases work below and discover how our data-driven approach to personal injury could benefit your product liability case.
Defective product liability occurs when the manufacture or design of an item causes injury to someone during its intended use. For example, a car manufacturer could have product liability when the brakes on one of its vehicles malfunctions and cause the driver to have an accident. Other ways a product’s defect could create liability are in the promises made to the consumer about its use or in failures to properly warn against its risks. Beyond the product’s manufacturer or designer, the liability could also belong to several parties in its chain of supply to the end-user, such as a retailer or a distributor.
To have a valid claim for injury over a defective product, a person and their West Palm Beach attorney must be able to prove the following:
In a failure-to-warn claim, the injured person must show the product was unreasonably dangerous at the time of sale and that the defendant did not provide an adequate warning of its danger. The deadline to file a claim for defective product liability is four years from the date of the injury under Florida Statutes § 96.11(3)(d).
A person harmed by a defective product could obtain compensation for their injuries and resulting damages. This compensation could provide for economic losses from a person’s medical expenses and any lost earnings from being unable to work because of the injury. The state also allows the recovery of noneconomic damages for a person’s pain and suffering as well as for other losses to their quality of life. In rare cases, punitive damages may be available when the product liability rises to the level of gross negligence or intentional misconduct under Florida Statutes § 768.72.
The biggest defense to defective product lawsuits often involves arguments that the injured person did not use the product as intended. Another concern with product liability cases is showing the defect existed at the time of sale. This can be especially difficult to establish in cases where the injury from the product occurred long after its sale. Defendants will be quick to question defects that could have arisen from the product’s storage, care, or past use. A defective products lawyer in West Palm Beach could conduct an investigation to secure evidence and fight against any defenses from a negligent party.
Our West Palm Beach defective products lawyers could provide guidance on these complex cases by identifying responsible parties and addressing challenges in recovering compensation because of potential defenses. We use available data and experience to help clients evaluate possible settlements to efficiently manage their case. Our firm focuses on client experience and delivering exceptional results, which is why we leverage technology and data in every step of the case. Reach out to our team now to discuss your legal options.
