What You Need to Know About Product Liability in Defective Product Cases

When you purchase a product, you expect it to be safe and work as intended. Unfortunately, defective products are a common cause of injuries, and understanding product liability laws can help you protect your rights if you are harmed by a faulty item. If you live in Orlando and have been injured by a defective product, it’s important to understand the legal principles that apply to these cases and how you can seek compensation.

What is Product Liability?

Product liability is the legal term used to describe the responsibility that manufacturers, distributors, and sellers have when a product causes harm due to a defect. These defects can occur during the design, manufacturing, or marketing stages of the product’s lifecycle. If a product is defectively designed, poorly made, or lacks proper safety warnings, it may lead to injuries or even death.

Product liability claims can involve various parties depending on where the defect occurred. For example, if the defect was in the product design, the designer or the company responsible for it may be held liable. If the defect arose from the way the product was manufactured, the manufacturer or the company producing the defective materials could be at fault.

Types of Defects That Lead to Injuries

In product liability cases, the defect in the product can take several forms. The three most common types of defects are:

Design Defects: These are flaws in the way the product was conceived or designed. A design defect occurs before the product is even made. A good example is a car that is designed with a defective airbag system that fails to deploy during a crash. If a product is inherently dangerous due to its design, the manufacturer may be held liable, even if the product is manufactured correctly.
Manufacturing Defects: These happen during the production process. Manufacturing defects can cause a product that would otherwise be safe to become dangerous. For example, if a toy is supposed to be made with non-toxic paint but is mistakenly produced with toxic paint, that’s a manufacturing defect. The manufacturer can be held responsible for this kind of error, even if the product was properly designed.
Marketing Defects: Marketing defects arise when a product is marketed or labeled in a way that misleads the consumer or fails to provide necessary warnings. This can include missing instructions for use, lack of safety warnings, or failure to alert consumers about possible risks associated with the product. For example, if a household cleaner doesn’t include a warning that it can cause burns, and a consumer gets injured while using it, the company might be liable for the marketing defect.

Proving Liability in a Defective Product Case

To win a product liability case, you must prove that the product was defectively designed, manufactured, or marketed, and that the defect caused your injury. This usually involves several key steps:

Establishing the defect: You must show that the product had a defect that made it unreasonably dangerous. This could be through evidence such as expert testimony, industry standards, or other relevant information.
Causation: You must prove that the defect directly caused your injury. This often requires medical records, photographs, and other forms of documentation that link the defect to your harm.
Damages: You must show that you suffered actual harm due to the defect. This could be medical expenses, lost wages, pain and suffering, or property damage. If you can’t show that you were injured or harmed by the product, your case may not be successful.

The Role of Comparative Negligence in Florida

Florida follows a comparative negligence system, which means that if you were partially responsible for your injury, your compensation may be reduced by your percentage of fault. For example, if you were using a product in a manner that was not intended and got injured, the manufacturer could argue that you were partially to blame for the incident. However, as long as you are less than 50% at fault, you can still recover damages. Your compensation would simply be reduced by the percentage of your responsibility.

This concept is especially important in product liability cases because the defense may try to argue that you were at least partly to blame for your injuries, for example, by not following the safety instructions.

Who Can Be Held Liable?

In a product liability case, multiple parties can be held responsible, depending on where the defect occurred. Potential defendants in a product liability case include:

Manufacturers: The company that produces the defective product or its components could be held liable. If a product is made incorrectly during the manufacturing process, the manufacturer is usually responsible.
Distributors: Companies that distribute or sell products could also be liable if they put a dangerous product on the market. They may not be involved in the design or manufacturing process, but if they distribute a faulty product, they could be held accountable.
Retailers: The store or online platform that sells the defective product may also be held liable for putting it in the hands of consumers, even if they didn’t create or manufacture it.
Third-Party Parties: In some cases, other parties that contributed to the product’s defect, such as contractors or subcontractors, could be held responsible for the defect. For instance, if a company hired a third party to design a product and the third party made an error, they could be sued for damages.

Steps to Take After Being Injured by a Defective Product

If you’ve been injured by a defective product in Orlando, follow these steps to protect your rights and build a strong case:

Seek medical attention immediately: Even if the injury seems minor, it’s important to get checked by a healthcare professional. This establishes a medical record that links your injury to the defect.
Preserve the product: Keep the defective product in the condition it was in when the injury occurred. Do not discard it or attempt to fix it, as it could be important evidence in your case.
Document the incident: Take detailed notes about how the injury occurred. This includes the product involved, where and when the accident took place, and any details of how the defect caused your injury.
Contact a lawyer: Product liability cases can be complicated, and having an experienced personal injury lawyer on your side can help you navigate the legal process. A lawyer can investigate the case, gather evidence, and negotiate with insurance companies or manufacturers to secure fair compensation for your injuries.

The Statute of Limitations in Florida

In Florida, the statute of limitations for filing a product liability claim is typically four years from the date of the injury. If you don’t file your claim within this timeframe, you may lose your right to pursue compensation. It’s important to contact an attorney as soon as possible after your injury to ensure that you meet all necessary deadlines.

Conclusion

Product liability cases can be complex, but if you’ve been injured by a defective product, it’s crucial to understand your legal rights and options. Whether the defect was in the design, manufacturing, or marketing of the product, you may be entitled to compensation for your injuries. By working with an experienced personal injury lawyer, you can ensure that your case is handled properly and increase your chances of securing the compensation you deserve.