WHAT IS A DEFECTIVE PRODUCT?
A defective product is a consumable, commercially produced and distributed good that is not fit for its intended use, dangerous or harmful for normal use, does not carry adequate instructions and/or warning, or is dangerous due to defective assembly, manufacturing or design.
WHAT IS PRODUCT LIABILITY?
Product Liability is the responsibility a manufacturer or vendor has to compensate for an injury and other damages that were caused by a defective product they sold or provided.
WHAT IS A DEFECTIVE PRODUCT LIABILITY CLAIM?
When a person suffers an injury due to a defective product, they would file a lawsuit so that they may recover for their damages. This lawsuit is a defective product liability claim.
ARE THERE DIFFERENT KINDS OF DEFECTIVE PRODUCT LIABILITY CLAIMS?
There are three different categories for defective product lawsuits.
A defectively manufactured claim is when a mistake is made at any point between the manufacturing factory and where the product was sold. A good example of this would be a bad batch of medicine
A defectively designed claim is when the mistake occurs in the design process. What this means is that all the products that were manufactured are dangerous. This is where a massive recall will happen.
A defective marketing claim is when a company fails to provide adequate instructions or warning regarding the proper use of a product.
WHO CAN BE HELD RESPONSIBLE IF I AM INJURED BY A DEFECTIVE PRODUCT?
In a product liability case, you want to include everyone in the chain of distribution. This can include the manufacturer, company who sold it, wholesalers, distributors and/or repair person. A firm that understands these cases can help you with the challenge of tracking down all of the parties for the lawsuit.
WHAT KIND OF COMPENSATION CAN I ASK FOR IN A DEFECTIVE PRODUCT LIABILITY CLAIM?
Someone who has been injured due to a defective product may be able to seek compensation for losses in several areas.
Seeking compensation for compensatory damage means you are seeking compensation for actual damages from the incident. This can include real economic losses like medical expenses, property damage and lost wages. You can also seek compensation for non-economic compensatory damages like pain and suffering and loss of consortium (when your injury has a negative impact on your relationship with your spouse).
Even though most product liability lawsuits will only see compensatory damages awarded, there are some cases where the victim may receive punitive damages. This is when the defendant’s conduct is so awful that the courts award damages that will punish them and discourage other companies from doing the same thing the corporation did wrong. In other words, this is when the judge and jury make an example out of the big bad corporation.
HOW MUCH WILL IT COST TO PURSUE A CLAIM?
Because the accident attorneys at MADALON LAW work on a contingency fee basis, you will not even see a bill unless your case is successful. Our Fort Lauderdale office serves Broward, Miami-Dade, Palm Beach and all other counties in the state of Florida. If you or a loved one have been injured and believe it was due to a defective product, then contact our office and speak to a product liability attorney about your accident. We will gladly answer your questions, address your concerns and explain your options in a clear and understanding way.