Product liability is an area of law that protects consumers from defective and dangerous products. Manufacturers must ensure a product is safe before introducing it to the market. When a product fails and causes harm, the manufacturer is liable for compensating the consumer’s losses.
A Largo defective products lawyer represents consumers who suffer injuries from faulty products. When you or one of your family members are hurt because a product fails or malfunctions, you could hold the company accountable with the help of a Largo personal injury attorney from Distasio Law Firm.
Defective Product Cases Arise in Various Contexts
Sometimes an injury case is clearly a defective product matter. For example, when a household appliance explodes or a new bicycle frame cracks in half, an issue with the product obviously exists.
However, unsafe products often contribute to other types of accidents. Defective products might cause or contribute to house fires, car crashes, construction accidents, and many other situations that lead to property damage, injury, or death.
A capable Largo defective products attorney can investigate an accident to identify all the parties whose conduct might have played a part. A manufacturer might be just one of several responsible parties. However, manufacturers usually have insurance with high coverage limits which could provide the funds to make a claimant whole if other liable parties have more limited insurance coverage.
Products Must Be Safe for Use
Living in the world requires using hundreds of products daily, from your toothpaste to the paint on your walls, the vehicle you drive, and many others. You must be able to rely on the safety of these products and hold manufacturers and others responsible when they are unsafe. Strict liability allows a consumer to demand compensation if they can prove the manufacturer sold or distributed a product that is defective in its design, manufacture, or label.
Design Defect
You must prove that the product’s design was faulty because the product was unreasonably dangerous when used as intended. You must show that another design was economically and technically feasible and would have produced an effective and safer product.
Manufacturing Defect
You must prove that a problem in the factory made a specific item, batch, or production run defective. Issues like contamination, using the wrong components, or omitting instructions in the package could lead to a manufacturing defect case. You usually must produce the specific item to prove its manufacture was defective.
Labeling Defect
Proving a label is defective requires showing that it does not provide adequate warnings of safety hazards associated with the product, and you would not have used the product if you had a sufficient warning. You also could make a labeling defect case if the instructions that came with the product are insufficient to allow you to use the product safely.
Negligence
Negligence is a different theory than strict liability, but a diligent legal professional often alleges negligence in addition to strict liability when claiming against a manufacturer. When alleging negligence, you must prove that the manufacturer or another defendant did not use reasonable care to protect consumers from foreseeable harm. You must also demonstrate a direct connection between the failure and your injuries.
Collecting Damages in Product Liability Lawsuits
When you can establish that a manufacturer produced a defective product or was negligent, you are entitled to damages—the legal term for compensation. Your damages include the expenses you incurred due to the injury, such as:
- Loss of property
- Medical costs
- Incidental expenses
- Lost wages
You can also receive damages for future losses if your injury requires ongoing treatment or limits your ability to work.
The non-economic losses associated with an injury are often harder to bear than the financial ones. You could seek damages for the physical pain and emotional suffering you experience in the immediate aftermath of the injury and during your recovery. If the incident left you temporarily or permanently disabled, you could collect damages for the period of disability. Depending on the circumstances, you might also claim damages for:
- Disfigurement
- Humiliation
- Loss of consortium
- Lost enjoyment of life
Florida Statutes § 768.81(2) discounts the damages you collect if you had partial responsibility for the accident that caused your injury. Manufacturers often try to shift blame to an injured claimant to reduce their liability. A skilled product liability lawyer in Largo, such as Scott Distasio, could counter this strategy with evidence and arguments demonstrating that you had far less responsibility for the accident than the manufacturer.
Depend on a Largo Defective Products Attorney to Press Your Claim
When a manufacturer markets a product, they are responsible for ensuring it will not cause harm. When a manufacturer fails in that responsibility, they must be held financially accountable.
A Largo defective product lawyer at Distasio Law Firm could force the company that profits from a dangerous product to pay for the losses you experience. Call today to speak with a dedicated attorney about the circumstances of your case.
