Miami Product Liability Lawyer
Before manufacturers place a product on the Miami market, they have a duty to make sure that it does not pose a hazard to the consumers who purchase it. If you have been injured while using a product, you are entitled to recover damages to compensate you for the harm you have suffered, both physical and psychological.
It is not just manufacturers who can be held to account. Distributors, suppliers, and retailers who were involved in putting the dangerous product in the hands of consumers can also be held liable.
To make out a successful product liability claim, you need to be able to show that the product you used was defective, and that you suffered harm because of that defect even though you were using the product the way it was intended to be used. Our trusted team of Miami product liability lawyers can guide you through every step of the claim process and work with you toward securing compensation for the damage you have endured. To begin filing your injury claim, consult with an injury attorney today.
Common Product Defects
Defects in products can be of different types. Sometimes the particular item that a consumer bought turns out to have been manufactured carelessly, such as an automobile that has a crack in the chassis.
Others cases involve consumer items that were made “correctly” but suffered from a fundamental flaw in the way the item was designed to begin with. In such a case, claimants or their product liability lawyers in Miami would have to show that the design of the product itself was unreasonably dangerous.
Evidence concerning other consumers who suffered similar injuries while using the product the same way would be useful in such a case. That is one reason it is a good idea to seek out a product liability lawyer in Miami experienced with product liability cases.
Proving in court that a product design was “unreasonably dangerous” can be difficult in certain cases. People have sued after being injured by airbags in cars, but car manufacturers have successfully argued that the design was necessary to prevent the greater, and sometimes fatal injuries that happen as a result of a car crash.
As so often happens in civil cases, courts apply a “reasonable person” standard to see whether there was any negligence on the part of the injured party. For example, if an individual purchases a set of steak knives and decides on a whim that they are going to try to juggle them, the courts will reply that a reasonable person would have known how dangerous that is, and that the knives themselves did not cause the injury, the choice to juggle them did.
Under Florida law, “contributory fault” by the injured party may reduce the number of damages, but does not completely bar recovery.
Many products in today’s complex, modern world come with hazards that are not so apparent. Consumers may have noticed the proliferation of warning labels on many of the products on the market these days. This is the result of efforts by companies to protect themselves against liability.
However, even a product with a warning label can be found to be unreasonably dangerous, if the court finds that the warning was not sufficiently clear or did not cover all possible dangers. Evidence about how makers of similar products handled the potential danger can be important in such claims.
Consult With a Product Liability Attorney Today
Defective product cases can raise very specific legal and factual issues. That is why you need an experienced Miami product liability lawyer on your side, to make sure you get the compensation you deserve, after being let down by a product that you were led to believe would be reliable.