The makers of all products on store shelves have a legal obligation to make items that are safe for consumer use. Products must perform as intended, as long as consumers use those products in a foreseeable way. If an item fails and causes an injury, the manufacturers may be liable. These claims can demand a variety of compensation to cover medical costs, lost wages, and emotional trauma.
A Pasco County defective products lawyer may be able to help injured plaintiffs pursue a person injury case and seek fair compensation. The laws concerning product liability are notoriously complicated, however, and defendants may try to shift the blame onto an injury plaintiff. For this reason, many injury victims choose to retain experienced legal counsel.
Plaintiffs in defective product cases have three ways to demonstrate that a maker is liable for their injuries. The first is to prove that a defective design resulted in a dangerous product. Plaintiffs here must show that an alternative design would have prevented their injury and that this alternative design was technologically and economically feasible. This may require working with an expert witness.
Other cases rely on proving that an error in the manufacturing process caused a product to become dangerous. In these claims, it is important to show that the damage occurred at the factory and not during shipping or while in the store’s control.
Finally, a claim may allege that the maker did not provide proper warnings or instructions for safe use. In claims that rely on this theory, many defendant manufacturers may argue that a plaintiff contributed to their own injuries. Courts in Pasco County and throughout Florida use the concept of pure comparative negligence to evaluate accidental injury cases. Under Florida Statute §768.81, plaintiffs should be prepared to show that they used the product in a reasonable way to avoid allegations of shared fault. A Pasco County product liability attorney could help to pursue a claim for damages under any of the three available legal theories.
Defective product claims can be some of the most complex personal injury cases. This is because it is not enough to simply allege that an injury was the result of using a product. In many of these claims, a plaintiff also needs to defend their own actions or work with an expert witness to evaluate the design of a product.
As a result, it is essential to follow the proper procedures after an injury. The first thing to do is to seek immediate medical care. Make sure to let the doctor know that the injury was the result of a failing product. This helps create documentation of the injury and increase the chance to make a full recovery.
Next, be cautious of any contact, either written or over the phone, with the company or their legal representation. The defendant will likely be trying to obtain an official statement, and they have the right to so do. However, any inconsistencies in a story can lead to doubt as to the true nature of the incident or how the maker may be liable.
Finally, approach any settlement talks from a position of strength. A defendant may only settle a claim for a fair value if they believe that a plaintiff will win at court. Therefore, any demand package should present powerful evidence and a strong legal theory as to why the defendant is liable. A Pasco County product liability lawyer could help gather medical evidence, oversee any official statements sent to a defendant, and form demand packages that make a persuasive claim for compensation.
The law places a duty on the makers of all products to produce items that are safe for their intended use. Still, through either a design flaw, an error in the manufacturing process, or a failure to provide proper instructions, injuries that result from unsafe products are common.
If you suffered an injury due to a dangerous consumer good, you have the ability to demand compensation. This includes payments for all medical care, lost wages, and emotional trauma.
A Pasco County defective products attorney could take the lead in your claim. They could focus on protecting your legal rights while you work on getting your life back in order. You have only four years from the date of injury to demand payment, so contact an attorney as soon as possible.