Product liability laws protect the consumer from negligence brought on by manufacturers creating hazardous products. These laws govern most types of products and services, including vehicles, food, medications, and clothing. These laws typically provide a very important and valuable resource for those consumers who suffer injuries or losses from the failure of these products. Yet, proving what occurred can be challenging.
At Lytal, Reiter, Smith, Ivey & Fronrath, our Florida product liability attorney can help you navigate these legal matters, providing you with insight into whether your case falls under these laws. We offer a free consultation to help you navigate these first steps.
What products fall under product liability laws?
All products produced and sold fall under product liability laws. This includes:
- All food products
- All consumers goods
- Clothing
- Equipment
- Vehicles
- Medications
- Supplements
- Toys
When a product is sold that is defective, and the manufacturers should have been able to predict that risk existed, the manufacturer may be liable for your losses.
In addition to this, these laws also protect consumers from services for which a person or company is paid. That may include:
- Legal aide
- Dental care
- Home improvement projects
- Medical care
- Heating and cooling
What types of defects can fall under this law?
These laws provide for two basic types of defects.
Manufacturing defects
If a defect occurs in the manufacturing process, this can make the product defective and hazardous to use by the consumer. There are various ways this can happen, including:
- Using a chemical that poses a risk to health
- Using an interior material
- Putting components together ineffectively
Design defects
These are defects that have to do with the design of the product. In some way, the product was designed ineffectively or inferiorly, and that could lead to significant injury and loss by other people. Some examples may include:
- A vehicle has a defective component that causes the tire to come off
- A computer has a design that allows for wiring exposure that puts a person at risk
- A food product is made with a non-edible or unsafe component
In either of these situations, there is a significant risk to the person using the product, and that risk means that the manufacturer may be responsible for their losses.
How do you prove someone violated product liability laws?
Every situation is a bit different, which is why working with a product liability attorney is so critical in these situations. However, the ultimate goal is to show that the product was dangerous or defective in some way and that the manufacturer, distributor of the product, or other sellers of the product could have expected this.
You don’t have to prove that anyone is at fault for the injuries you suffered in this case. Under Florida Statute § 768.81, you can file a claim for losses you have incurred against the at-fault party. You can do that in situations such as:
- Breach of warranty
- Negligence
- Strict liability
- Nuisance
There are various other ways that this type of loss could have impacted you. Having an attorney available to help give insight into your case is often the best.
Our team of top-rated product liability attorneys is ready to work on your case
Product liability laws are complex, and proving that a big manufacturer is to blame for the losses you have suffered can be hard to do. Yet, we have successfully helped our clients to navigate these difficult situations.
Contact a Florida product liability attorney from Lytal, Reiter, Smith, Ivey & Fronrath now by calling (561) 655-1990 to request a free consultation to discuss your case. Do not put your case at risk by settling without an attorney by your side.