Manufacturers, distributors and vendors have a special responsibility to their customers. An injured party can file a product liability lawsuit against a product’s manufacturer or vendor when a defective product causes injury. Based on the precise cause of the injury, the claim may involve a defect in design or manufacture, or a failure to warn of an unreasonable risk of injury. If you would like more information on whether you can sue for a defective product in South Florida, please continue reading, then contact an experienced Miami defective product lawyer today. Here are some questions you may have:
What kinds of defective products can cause injury in South Florida?
Many different types of products may have dangerous defects that result in the consumer sustaining serious injuries, which require financial compensation to treat. Nonetheless, some of the most common products encountered in product liability cases include:
- Medication: The manufacturer’s warning label was inadequate or the drug’s negative side effects caused significant injury or even death.
- Defective consumer products: Improperly designed or manufactured toys, cars, home appliances and other consumer goods may cause significant injury or death.
- Defective machinery: Workers often sustain injuries while on the job due to poorly designed equipment.
- Food: Farmers, food packagers and vendors have a duty to sell food items that are clean and safe to eat, but every year hundreds of thousands of packaged food products are recalled due to being unsafe for human consumption.
How might a product be defective in South Florida?
Generally, product defects fall into one of three categories:
- Design defects: These arise from the very design of a product, a design that results in the product being inherently unsafe when used as intended.
- Manufacturing defects: These arise from an error in the manufacturing process, resulting in an unsafe or unsound product.
- Marketing defects: These arise when a product lacks sufficient safety warnings or is improperly labeled.
How do you prove a defective product case in South Florida?
As outlined in the introductory paragraph, you may hold a wide range of individuals accountable for injuries sustained from a defective product. Nevertheless, to hold any individual liable for a defective product, the plaintiff must prove:
- You sustained an actual injury or monetary loss.
- The product is defective due to a manufacturing error, defective design or failure to warn.
- The defect caused your injury
- You were using the product as it was intended when you sustained an actual injury or monetary loss.
Generally, you have four years, from the date of the injury, in which to file a product liability lawsuit in South Florida. The time may be shortened to two years if the claim is for wrongful death. Before you do so, you should call our Miami-Dade County personal injury attorney immediately.
Contact a Miami-Dade County, Florida Personal Injury Lawyer
If you’ve been seriously injured as a result of negligence, contact us at Aigen Law Firm today to schedule your free case evaluation.