If you were injured by a defective product or because a product did not have adequate warnings or labels, you may be entitled to compensation. Unfortunately, recovering a fair payout in a product liability case is rarely straightforward. There are several parties who may be liable for your damages, and you will need strong evidence to support your claim. The Fort Lauderdale product liability lawyers at Englander Peebles are well versed in the laws that protect consumers, and we can help you fight to obtain the compensation you deserve.
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Common Types of Products Involved in Product Liability Claims
Just about any type of product can contain a harmful defect. Even children’s toys can have design flaws or manufacturing defects that put young kids at risk. Other products that often contain dangerous defects include:
- Household appliances
- Medical products
- Cosmetic products
- Recreational equipment
Who Can Be Liable for Damages in a Product Liability Claim?
Depending on the type of defect that caused your injuries, you may have grounds for a claim against the product designer, manufacturer, distributor, or, in rare cases, another party such as the package designer. There are two primary categories of product defects: design defects and manufacturing defects.
A design defect exists when the blueprint of a product creates a hazard for users or is unreasonably dangerous. These defects usually affect an entire product line. Your Fort Lauderdale product liability attorney may determine that you have grounds for a claim related to a design defect if:
- The design of the product was unreasonably dangerous before production
- The engineer or designer should have known the product was likely to harm consumers
- A superior design existed that was economically feasible and would not have compromised the purpose of the product
Manufacturing defects stem from unplanned errors that occur during the assembly of a product. These defects usually only affect a small percentage of a product line. To win a product liability claim related to a manufacturing defect, the plaintiff must prove that the defect that caused the injury was present when the product left the facility where it was produced.
If you were injured because a product did not have adequate instructions or warnings, you may have grounds for a claim against certain parties in the chain of distribution. Your South Florida product liability lawyer may determine that you have grounds for a claim related to inadequate warnings if:
- The product was likely to cause harm
- You were injured while using the product for its intended purpose
- The product was complex, or it was otherwise unreasonable for the manufacturer to presume that the user would know how to avoid injury when using it
- The label relied too heavily on the knowledge and experience of the user
- The warning was not easy to understand
Contact Our Fort Lauderdale Product Liability Lawyers
If you were injured by a defective product in Florida, contact Englander Peebles to discuss your case with an experienced product liability lawyer. Call (954) 231-1384 to schedule a free consultation.