Questions about Product Liability
What do I need to prove in a product liability case?
If you decide to file a Florida product liability case, you must be able to prove that the product that harmed you had a manufacturing defect, a design defect, or that it failed to warn you about inherent risks associated with its use.
Most product liability cases are based on “strict liability,” meaning you do not have to prove negligence or fault: you are only required to prove that the product was defective and that it caused your injuries. However, if the product’s defect was the fault of an identifiable party involved in the manufacturing chain, you may want to bring forward a claim based on negligence.
What types of damages can I recover?
Individuals can recover up to four different types of damages in a product liability lawsuit:
- Compensatory damages – To cover medical expenses, lost income, and any other financial losses caused by the defective product.
- Pain and suffering – To compensate for physical and emotional pain and suffering caused by the defective product.
- Punitive damages – These are typically only pursued if the defendant’s conduct was so deplorable that the court wants to make an example out of them to discourage others from doing the same.
- Loss of consortium – If your injuries have had a measurable negative effect on your relationship with your spouse, you can recover damages.
The types of damages you will be able to pursue, and extent of compensation you request under each area of recovery, will greatly depend on the nature of your case and the effect your injuries have had on your life as a whole. Our experienced product liability attorneys at Colling, Gilbert, Wright & Carter can analyze your case and help you determine which types of compensation would be viable to pursue.
If I used the product in a way that was not necessarily intended, will it affect my case?
Product manufacturers are obligated to anticipate and warn customers against foreseeable misuse. If you accidentally misused the product in a way that the manufacturer should have reasonably foreseen, you can still recover compensation for your injuries. However, if the court determines it was not possible for the manufacturer to foresee the way you misused their product, they may not be liable for any damages.
If you have further questions about product liability, please contact the experienced Florida product liability attorneys at Colling, Gilbert, Wright & Carter today for a free initial consultation. Our firm serves clients throughout the Orlando area.