What is Product Liability?

Florida companies can be held liable for injuries or harm that they cause by their products. Companies must ensure that their products are safe since most products don’t come under strict state supervision. To ensure this happens, individuals can sue companies if defective or hazardous products hurt them.

Product Liability lawsuits in Florida can be based upon negligence or strict liability.

NEGLIGENCE

A product liability case based on negligence would require a consumer to prove they were injured because the company failed to care enough about the product’s design, construction, and sale. The company could not fulfill its duty to protect the consumer against foreseeable harm. This failure led directly or indirectly to the injury of the consumer.

STRICT LIABILITY

It is not always easy to prove negligence by a company. Strict liability can be used to ensure that companies take product safety seriously. Companies are liable for any damages they cause, regardless of how careful or careless they used in creating, manufacturing, and selling the product. Consumers who are injured don’t need to prove negligence. It suffices that the consumer sustained injury using a product intended for them or in a reasonably predictable off-label manner.

There are three types of product liability cases: design defect, manufacturing defect, and marketing defect.

A design defect is a condition in which a product is unsafe or defective due to its design. Design defect refers to the product’s design or parts. Roundup weed killer is a case in point. Its primary ingredient, carcinogenic, has been the subject of thousands of lawsuits. Roundup is dangerous due to the way it was made.

Manufacturing defect: A product that is not safe in design but goes wrong during manufacturing. A worker might forget to attach a bolt to the frame while building a motorcycle. The bike can fall apart when it is first used, which can cause injury to the rider. This is because the bike was not designed correctly.

A marketing defect is when a company fails to warn about a product’s potential side effects or dangers. A company could be sued if it fails to warn that a medical device such as a hernia implant can migrate into the body, causing injury. These are the risks that consumers should weigh before they make a purchase.

The type of product liability case you have will determine the evidence and arguments required to support your claims for compensation. We at Vaval Law Personal Injury Lawyers will work hard to find out the truth, determine the defect that caused your injury and build a strong case for you.