Monday, May 13, 2019

Types of Florida Product Liability Claims

Florida product liability claim types injury lawsuit attorney St. Petersburg

Different Product Liability Claim Characteristics

As consumers, we are allowed a certain duty of care when it comes to the products that we purchase and use in our everyday lives. Everything from the car you drive to the food you eat can potentially cause injuries in the event that they have some kind of defect. People can suffer severe injuries as a result of the negligence of several possible parties that failed to provide safe products. It is because of this that there are what are called product liability claims to hold those responsible for these injuries accountable for their actions.

St. Petersburg Product Liability Claims

These different types of product liability claims all have the potential to secure compensation for significant damages suffered by consumers in the form large medical bills, lost wages, lost earning capacity, pain and suffering, and disability. A product liability claim holds those responsible for the dangerous products provided to consumers by proving their negligence and negotiating an appropriate settlement based on the level of damages that a plaintiff has suffered. When considering filing a product liability claim after suffering an injury because of a defective product, contact an experienced product liability attorney. Not just any kind of attorney, specifically an attorney that specializes in handling product liability claims. They can assist you in determining exactly who is liable for your injuries, determining the value of your claim, investigating the nature of a product’s defects, and negotiating with insurance to secure you a settlement you can be comfortable with. Matthew Dolman and the attorneys of Dolman Law Group can give your product liability claim the best chance possible of success. For a free consultation on your claim contact Dolman Law Group online or call us at (727) 222-6922.

Manufacturing Defect Product Liability Claims

The most common cause of product liability claims and a common cause of consumer injuries is manufacturing defects. A manufacturing defect product liability claim deals with when a product that would otherwise be perfectly fine design wise has a defect as a result of something that went wrong during the manufacturing process. For example, a child could be injured by choking on a small part from a toy that was improperly assembled in the factory. The product was defective because there was an issue with its assembly or manufacturing and not with its design that would have been totally safe had the manufacturing issue not occurred.
Since the manufacturing process caused an injury then the liability would fall on the manufacturer but could also lie with the general maker of the product itself. It all depends on the product since many companies like car companies manufacture their products as well as design and market them while other companies may design a product but the manufacturing is done by a totally different company. Regardless, if a manufacturing issue results in a product that is harmful to a consumer, then the manufacturer is liable since it was their negligence that caused the injury.

Design Defect Product Liability Claims

Some products make it onto shelves and are sold for quite some time until someone is harmed by some manner of a design defect. One of the most infamous examples of a product with a faulty design that injured many people is the Ford Pinto. Its defective design leads to an issue where if it was rear-ended, there was an enormous risk that the gas tank at the rear of the car would explode to destructive effect. Product designers have a duty to consumers to ensure that their product does not pose a danger to them when used as intended.
If someone is injured by a product that’s design created an unnecessary risk of danger when the product was used as intended, then that injured consumer could potentially seek compensation for their injuries with a product liability claim. That plaintiff of a product liability claim would have to demonstrate that the product was within their possession and distributed by the liable party that the claim has been filed against. In addition, they would have to show that it was the product’s design that created an unnecessary risk of danger when the product is used as intended. A defendant in these claims will attempt to make counter claims that a plaintiff perhaps had used the product incorrectly or that the product was damaged or altered in some way by the plaintiff so that it created a risk rather than its inherent design.  

Improper Labeling or Warning Product Liability Claims

Warning and caution labels are something everyone has become so accustomed to seeing on a wide range of products and we sometimes might take for granted how important they really are. Many companies make a point of covering all their bases when it comes to ensuring that consumers are adequately informed of all the potential danger’s their products may pose. This is because a consumer may occasionally be injured by a product because there was no warning label to alert them of some manner of danger that could lead to injury. Consumers injured by products that lack adequate warning or caution labels to inform them of dangers the product may pose to their health have a right to seek compensation for their injuries through a product liability claim. For example, flammable substances are especially dangerous and should always have the proper labeling to let consumers know they shouldn’t store the product in hot areas, under pressurize, or near sparks or flames.

Seek an Experienced St. Petersburg Product Liability Attorney

If you or a loved one have been injured by a product that failed when it was used as intended, contact the seasoned and dedicated product liability legal team of Dolman Law Group today. We are available online or by phone at (727) 222-6922. We offer free consultations to discuss your product liability situation, and in appropriate cases may agree to represent clients on a contingency fee basis in which we collect our legal fees only if we recover a settlement or judgment for our client. When products fail and harm consumers, Dolman Law Group is ready to help.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712