From cleaning supplies to power tools and child safety products, there are numerous consumer goods on the market that are supposed to make our lives easier. You likely assume the items you buy will be safe to use. Unfortunately, faulty products occasionally make their way into stores.
If you or a loved one was injured while using a defective product, you might have a valid claim against the manufacturer. Our Wesley Chapel product liability lawyers at Hancock Injury Attorneys understand how devastating an unexpected injury can be for a family. Our experienced personal injury attorneys are here to help you hold the responsible parties liable for your losses.
Product Liability Law Explained
Manufacturers and other parties who make products available for sale are responsible for ensuring their product’s safety. Manufacturers and sellers are liable if an item they produce malfunctions and causes physical injury or property damage to someone else.
In a lawsuit, you could hold the at-fault party responsible using either strict liability or negligence theory. Our lawyers are skilled in this area of law and will be able to advise you on the most appropriate course of action for your defective product case.
When is a Manufacturer Strictly Liable?
If you bring a strict liability case against a product manufacturer, you do not need to prove that the manufacturer was negligent. Instead, you must show the following:
- The manufacturer produced a product that was unreasonably dangerous
- You were using the product as directed or in a way that the manufacturer might reasonably anticipate
- Your injury was a result of the dangerous or defective product
A product may be considered unreasonably dangerous if it had a design, manufacturing, or labeling defect. If you believe the product has a design defect, you and your attorney must demonstrate that there was another way to design the product that would have made it safer.
Arguing that there was a manufacturing defect requires you to show that an error in the process of making or packing the product rendered a particular example unsafe for use. In a labeling defect claim, you must show that the label did not warn of a known hazard, or the manufacturer did not provide adequate instructions for safe use of the product. Our diligent attorneys in Wesley Chapel can help you establish the necessary elements of strict liability of your defective product claim.
Pursuing a Negligence Claim for a Malfunctioning Product
The investigation into your case may show that the defendant at some point in the process of bringing a product to market failed to act with reasonable care for the safety of the consumer. In these cases, a negligence action may be appropriate.
In a negligence case, you must prove the at-fault party breached their duty to keep you safe. Furthermore, you must demonstrate that your injury was a direct result of the defendant’s breach of duty. For help building a negligence claim, reach out to our dedicated product liability attorneys from Hancock Injury Attorneys today.
Does Comparative Negligence Affect Product Liability Claims in Wesley Chapel?
Regardless of whether you bring your claim under a strict liability theory, a negligence theory, or both, the law of comparative negligence may impact your damages award. According to comparative negligence law, if your behavior contributed to the accident that led to your injury, the court will reduce your compensation by your percentage of fault. Our proactive lawyers will be able to anticipate the defendant’s claims of comparative negligence on your product liability case.
What is the Deadline File a Lawsuit?
In general, state law requires injured parties to bring a lawsuit within four years of the date of their injury. However, a product liability case may present special circumstances.
If a product causes an injury that is not immediately apparent, you have two years from the date you discovered the injury and its association with the defective product to file a lawsuit. However, Florida Statute § 95.031(2) states that regardless of when you should have discovered the injury, if more than 12 years have passed since the defective product left the control of the manufacturer, you may not bring a claim. Our knowledgeable attorneys will be able to inform you of how these laws may impact your defective product claim.
Do You Need a Lawyer for a Defective Product Case?
Though you are legally permitted to pursue a product liability case on your own, doing so is strongly discouraged. Product manufacturers have teams of attorneys and large amounts of resources dedicated to protecting their companies from liability.
Attorney Mike Hancock spent many years working in insurance defense, so he understands how these entities work. By working with a qualified lawyer like Mike, you can improve your chances of obtaining compensation for your product liability claim. Our firm can help you obtain economic and non-economic damages for losses such as:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Do not hesitate to seek legal counsel for your case.
Speak with Our Wesley Chapel Product Liability Attorneys Right Away
If a defective product has harmed you, the thought of taking a big corporation to court might be intimidating. Our experienced attorneys will be able to help you calculate your damages, gather the evidence, and present a strong case that might urge the defendants to offer a reasonable settlement.
Do not be afraid to stand up for your rights. Schedule a free consultation with our Wesley Chapel product liability lawyers as soon as possible to get a skilled advocate fighting for you.