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Many of us make multiple purchases every day. Unfortunately, the products we purchase can cause severe injury or accidental death if they are defective. As consumers, we hope that the goods we buy do not pose a danger to us and are safe to use, but this is not always the case. If you were injured by an unsafe or defective product, or if a loved one died from your injuries after using consumer goods, you may be eligible for financial compensation from those responsible. The Florida product liability attorneys at AJK Legal can help you. We have years of experience providing aggressive legal services for injury victims and their families, and we handle each case with a strategic approach tailored to the needs of each of our clients. We are proud members of the American Bar Association and are recognized as Lawyers of Distinction. To set up a free and confidential initial consultation, call our offices today at (877) 447-8404.

Defect Claims and Product Liability in Florida

Product liability claims are brought forward when a dangerous or defective product or component of a product results in injury to a consumer. While a claim can be filed for any product, some of the most common products include medical devices, children’s toys, and auto parts. During the design, manufacturing, shipping, and distribution processes, the parties involved are responsible for ensuring the products are not defective or damaged. In the event shortcuts are taken for budgetary purposes or simple negligence lets a dangerous product slip through to consumers, the responsible party can be held accountable for any injuries and losses incurred by the consumer. In general, claims are based on one of the following concepts: Negligence. To prove negligence, your lawyer will have to demonstrate how carelessness in the design or manufacturing resulted in your injuries. With a product liability case, negligence can happen when drawing up or reviewing product plans, failing to foresee plausible uses for the product, releasing the product too early, and failing to inspect or test the product sufficiently. Strict Liability. Most product liability claims are pursued under the theory of strict liability. With these claims, the plaintiff only has to prove that the product was defective, and an injury was sustained as a result. It’s important to note that products purchased second-hand are not eligible for strict liability claims. Breach of Warranty. When you purchase a product, there are typically two warranties you can rely on. Express warranty refers to any representation about the product and its safety made by the manufacturer. Implied warranty is the implied promise made by the manufacturer that the product, if used as intended, will not cause harm. Regardless of which theory your claim is based on, it’s important to work with an experienced attorney. Thomas Law Offices can guide you through the process and fight for your rights to be upheld. Types of Product Defects Product liability claims are built on the type of defect that caused the plaintiff’s injury. Most claims are built on design defects, manufacturing defects, or marketing defects. Manufacturing Defects Manufacturing defects develop when there’s a problem with how a specific item is made. This typically only affects one or a few items out of an entire line of products. Issues can arise in the event an error occurs on the assembly line in a factory, which would make certain products different from all the others. Car accidents involving defective auto parts are typically the result of a manufacturing error. For example, if, during the production of brakes, a specific set of brakes passed through the assembly line with fewer components than the rest, the person that ends up with those brakes in their vehicle could potentially lose control and be unable to stop without colliding with another car or object. Design Defects An entire line of products can cause injuries in the event an error is made during the design process. Whether miscalculations were made, or the intended design was deviated from, the manufacturer can be held accountable for failing to take foreseeable risks into account.


Determining Who to Pursue a Claim Against

To 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.

Protect Your Legal Rights. Speak to a Products Liability Lawyer at AJK Legal Today.

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