Who is at Fault in a Product Liability Case?
There’s an unspoken trust between product companies and consumers: provide a safe, working product and a consumer will give you their hard-earned money in exchange for it. What should be a simple concept is, unfortunately, more complicated than it seems. As companies continue to pursue increased profit margins, questionable business practices can cause unsafe products to reach the market, putting you the consumer at risk for personal injury.
Everyone has heard of product recalls at some point in their lives. While many have the good fortune to not have a defective product cause them harm, others are not so fortunate. For those who suffer injury due to an unsafe product, a product liability claim may be filed. Not only does a product liability claim help you receive compensation for your injuries but it can help bring awareness to a company’s unsafe practices and create a change so that others can avoid injury in the future.
At Colling Gilbert Wright, our experienced product liability lawyers are here to help you tackle the complex nature of these cases. Product liability cases are not as straightforward as most personal injury cases. In most personal injury cases, such as a car accident, a suit is filed against a single negligent party, however, in these cases liability can come from a variety of sources. When it comes to being injured by a consumer product, liability may be traced to the:
- Manufacturer, either in parts or assembly
- Designer of the product
- Packaging company
- Wholesaler or retailer
Because of the multiple parties that may be liable, it’s important to have an experienced product liability lawyer on your side. As you can see, the defect can originate in many different areas of the product’s making and a thorough investigation is needed to determine exactly where the defect happened. Once the liable party has been established, the other important part of the case is proving that the product in question is what caused the injury. The basic elements that need to be shown to have a successful product liability case include:
- You suffered injury or other damages (monetary loss)
- The product was defective or failed to properly warn or instruct for proper use
- The defect or lack of warnings is what caused your injury
- You were using the product in the manner it was intended
Beyond showing these four basic elements, an experienced product liability lawyer must also determine which type of product liability case to pursue, which may be either negligence, strict liability, or a breach of warranty. You may even be eligible for a class action lawsuit if you’re injured by a product that has hurt many other people as well.
Our lawyers will go over all of this with you in-depth during the course of your claim. We believe every consumer has the right to feel safe when purchasing any product and will do everything within our power to pursue justice and the maximum compensation to help you during this difficult time.
If you or someone you love was injured by a consumer product, please contact our experienced attorneys today by filling out the form on this page or by calling us at 407-712-7300 to schedule your free consultation. We proudly provide quality legal services to those who live in and near Orlando, Tampa, and the Four Corners areas of Florida.