Florida Product Liability Lawyer
Determining Who to Pursue a Claim AgainstTo pursue a successful claim, you have to have compelling evidence against the party you believe to be negligent. When it comes to defective product claims, they are often filed against the manufacturer, retailer, or wholesaler. The manufacturer could be a large company or an individual working out of their garage. Depending on the product, it’s possible the plaintiff could file a case against either the manufacturer of the entire product or the manufacturer of a defective part. Holding a retailer accountable for their negligence can happen if a retailer advertises an item for sale—which implied the product is safe and suitable for use. If you decide to pursue a claim against a retailer, you don’t have to be the one who bought the product or the one who used the product. In addition to that, you might be able to recover compensation for used products. Finally, the wholesaler is essentially considered the middleman between the manufacturer and retailer. If, for example, a product was damaged during shipping and that caused the dangerous defect, the trucking company could potentially be held liable.
The second method to prove product liability is the risk utility test. With this test, a plaintiff can win a strict liability design-defect case if they demonstrate the magnitude of the danger of the product outweighs the intended utility of the product.
Providing liability in Florida Under either test, the plaintiff also to prove the product that caused their injuries was defective or unreasonably dangerous. Your Chicago attorney can help you build your claim and collect the evidence you need to prove you’re not responsible for your injuries and deserve compensation.