Products sold to consumers must be safe for their intended use. Unfortunately, many products sold are unsafe due to problems that occur sometime before they reach the store shelf. Product liability claims help injured individuals obtain compensation for the losses they suffer due to defective products.
If you were injured because a manufactured item failed or malfunctioned, contact a DeLand product liability lawyer from Colling Gilbert Wright for help. Our personal injury attorneys have years of experience obtaining outstanding results for injured Floridians. In fact, other legal professionals and leaders in the community recommend our attorneys when their friends and family need the services of a personal injury attorney.
Product Liability Case Basics
Any manufactured item could form the basis for a product liability claim if your case meets certain criteria. The first hurdle is to ensure that your lawsuit is filed in a timely manner. You must file a lawsuit seeking compensation within two years of your injury. If your injury was not immediately apparent— for instance, you developed a respiratory disease because of offgassing from building materials— you have two years from the date that you discovered a connection between the product and your illness or injury.
In addition, Florida Statutes § 95.031 requires that you file a lawsuit within 12 years of the product leaving the manufacturer’s control, regardless of when you were injured. When the manufacturer estimates the item’s useful life at more than 10 years, a longer timeframe may apply. An attorney in DeLand could research the product in question and ensure you file a lawsuit within the applicable time period.
You must demonstrate that the product was defective and that the defect caused an actual injury that led to documentable losses. An increased likelihood of developing cancer is not a valid basis for a product liability lawsuit; you must have a diagnosis to bring a claim. Similarly, an actual injury that did not require medical intervention or cause you to alter your daily routine is not sufficient to support legal action.
Are Manufacturers the Only Liable Parties?
Product liability law allows you to hold anyone in the supply chain liable for your injuries. In the case of severe injury, naming multiple defendants is beneficial because it increases the pool of available insurance coverage and may lead to a more generous settlement.
Manufacturers are liable for producing and distributing defective products. Depending on the nature of the item, our DeLand product liability attorneys might name multiple manufacturers in the lawsuit. This is likely when the item is composed of components produced by different manufacturing operations.
Wholesalers, distributors, and retailers can also be liable for selling defective products. All transactions with merchants come with an implied warranty that the products they sell are safe, and they may be responsible if a product they sold causes an injury.
Proving a Product Is Defective
Many products can be dangerous when misused, but a product is legally defective if it is unsafe when used as intended or used in a way that could be reasonably anticipated. There are several ways our DeLand attorneys could prove a product is defective.
Negligence
A manufacturer, distributor, or retailer can be liable for your injuries if they were negligent. Examples of negligence in this context include failing to properly maintain equipment at a manufacturing plant or selling a product in damaged packaging without ensuring the product maintains its integrity.
Strict Liability
Manufacturers and others can be held strictly liable for injuries caused by products in some circumstances. Strict liability means that you do not have to prove the defendants were negligent or engaged in wrongdoing; you only need to prove that the product was defective.
There are three ways to prove a product was defective. You must demonstrate that:
- The design led to a product that was unreasonably dangerous
- A problem in the manufacturing process led to a defective batch or production run
- The label did not warn of known hazards or provide clear instructions for using the product safely
When you can establish that the product was defective for one of these three reasons, the manufacturer will be strictly liable for any losses that can be directly attributed to the product’s defect.
Consult a DeLand Attorney If a Defective Product Injured You
The people who profit from manufacturing, distributing, and selling a defective product should cover your losses when the product injures you. The attorneys at The Florida Firm have obtained numerous multimillion-dollar settlements and verdicts on behalf of clients injured or killed by defective products. Work with the law firm that other lawyers turn to when they need representation in an injury case. Reach out to our DeLand product liability lawyer today.