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Home » Consumer Information » Personal Injury » Proof of Liability

Finding Fault with Product Liability

Faulty goods are responsible for thousands of injuries annually. Product liability, which is the legislation that helps determine who is liable for these flawed products, does not entirely share the same principles as general personal injury law. At times, it even makes it easier for someone hurt in a product liability incident to recover damages.

Strict liability

Usually, for someone to be held accountable for causing someone else harm, it must be proven that their negligent actions had a direct correlation with the resulting accident. However, with products on the market, it would be very time-consuming and costly for an individual to prove at what particular stage a manufacturer was careless in the production process. It is also unfeasible for a consumer to investigate whether the distributor or seller of the product could have been responsible for its flaws after receiving it from the manufacturer. Lastly, it is unrealistic for the purchaser to analyze a product for defects prior to using it.

Due to the reasons above, strict liability laws give people the opportunity to be compensated by the manufacturer or retailer for damages related to a defective product without proving that the manufacturer or retailer was indeed negligent.

Lawsuit candidates

A lawsuit can always be pursued against a manufacturer of a faulty product, but this theory does not always hold true with the seller. Strict liability can be used against a party responsible for selling the product solely on the basis that the sale of these particular goods has occurred regularly in the past. For instance, if you purchased an item at a flea market, yard sale, or thrift shop that sells all sorts of odds and ends, the rules of strict liability may not apply to the case.

If your case meets the following prerequisites, you can file a strict liability lawsuit without having to prove that the maker or retailer was negligent:

  • The product has an unreasonably hazardous flaw that caused harm to a consumer. That imperfection may arise during the design, fabrication, or distribution of the item.
  • The flaw resulted in an injury when the product was being used as it was designed.
  • The good has not deteriorated to a point that its effectiveness and safety is compromised.

Time restrictions imposed on lawsuits

Many states have implemented laws controlling the length of time that a manufacturer or retailer can be held liable after the point of sale; this can range anywhere from six to 12 years. Therefore, you may need to determine the age of the defective product to ensure that you can still stake a strict liability claim.

Consumer awareness of a product defect

In the event you have owned a product for some time, were aware of a flaw, and continued to use it, the manufacturer and seller may have enough evidence to defend itself against a strict liability claim. The manufacturer or seller's insurance company has the right to examine condition of the item or review the consumer's description of how it is had been used. If it looks as if the consumer was cognizant of the defect before the accident took place and continued to used it despite this knowledge, the opportunity to collect damages may be forfeited.

Before you file a product liability lawsuit, consult with a Florida personal injury attorney to find out if your case qualifies you for compensation.