PRODUCT LIABILITY LAWYER IN GAINESVILLE

When a faulty item or product harms a consumer, they have legal recourse through a civil claim. Many different parties may be held accountable for the damage done by defective products.  

This is especially true if certain parties know the product might cause damage. Harm can be caused by many types of faulty products — including medical devices or dangerous foods.

According to federal law, the two main categories of product defects are “manufacturing” and “design.” Some consumer injuries can also result from defects related to product marketing.

Understanding Manufacturing Defects

This type of product defect is the result of a mistake or error in the assembly process. These flaws are not intended as part of the product’s design. 

Manufacturing defects are unplanned. Because of this, manufacturing defects typically do not affect every product in a particular line.  

Even though these faults are unintended, manufacturing companies can still be held legally liable for any damage caused by their defective product. For the purpose of a product liability case, it does not matter how much care the manufacturer took in the process. 

Product liability cases are sometimes called “liability without fault.” This possibility incentivizes manufacturing companies to invest in the safety of their products and manufacturing processes. 

In this type of civil claim, the plaintiff is required to prove that the item or product was defective. If you believe that the manufacture of a consumer good led to your injuries, reach out to the knowledgeable Morgan and Morgan product liability lawyers in Gainesville, FL. 

We will assess the situation and determine the nature of the product flaw. This will help to ensure that you receive the financial compensation you rightfully deserve.

Understanding Design Defects

The other primary type of consumer product defect occurs during the design phase. In most cases, manufacturing defects are the result of flawed fabrication processes. 

In other words, if the products had been manufactured to the company’s design specifications, no injuries would have resulted. This is not the case with design defects. 

It is important to note that a product being dangerous is not the same as a product being defective. For instance, kitchen knives are inherently dangerous. But this is not the result of a flaw or defect.  

When a product features a design defect, it may be unsafe to use for its intended function. If the flaw exists in the blueprint for a product, even before it is manufactured, this qualifies as a design flaw. 

This type of defect is likely to affect all of the products in a particular line, even if they are manufactured “correctly.” The following questions are useful for determining the presence of a design defect: 

• Were other designs possible, safer, and financially similar?
• Could the company have anticipated the potential danger?
• Was the blueprint unreasonably dangerous before production? 

Answering these questions in the affirmative suggests that a design defect exists. If you believe that your injury was the result of an unreasonably dangerous consumer product, do not hesitate. 

To consult with the premier product liability lawyers in Gainesville, FL, contact Morgan and Morgan. Since our founding, our accomplished team has built a track record of successfully fighting negligent companies.

Other Types of Product Hazards

Manufacturing and design defects are not the only circumstances that can serve as the grounds for a product liability case. You may also be able to hold manufacturers accountable for damages if they fail to adequately warn you of the hazards of their products.  

For instance, suppose inadequate instructions or warning labels contributed to your injury. This type of product liability case is known as “failure to warn.”  

Companies have a duty to provide adequate guidance and caution for potentially dangerous products. There are specific warning label standards developed by the American National Standards Institute (ANSI).

These standards help to ensure consumer safety and awareness. According to this organization, adequate warning labels should:

• Educate the user about potential hazards
• Make the user aware of the level of potential risk
• Inform the user about potential outcomes
• Educate the user about how to avoid danger 

These labels should be placed in an obvious location on the product so that they are visible to consumers. The ANSI also suggests certain design approaches to increase the visibility of the warning labels.  

If you have questions regarding the adequacy of a particular warning label, speak with product liability lawyers in Gainesville, FL. At Morgan & Morgan, our product liability specialists will build a strong case to recover the financial compensation that you are entitled to.

One of the most important issues when a consumer product has harmed you is determining which parties are liable. Anyone who is involved in bringing the faulty product to market may be held accountable for resulting harm. 

Some of the most common defendants in product liability cases include:

Product Manufacturers

Product manufacturers can be held liable for a defective product. Manufacturers can include large corporations, individuals, or companies of any size. 

Determining who is at fault can be complex if different companies manufacture different components of a product. Because of this, you should make sure to consult with product liability lawyers in Gainesville, FL. 

Product Retailers

When retail companies advertise consumer products, buyers have the right to trust that the things they buy will be safe. When a consumer buys a faulty item and is injured as a result, the victim has the right to hold the retailer accountable. 

This is true even in cases where the retailer was not involved in producing the hazardous item. Injury victims have the right to bring a legal claim against the retailer, even if they were not the individual who purchased the item.

Product Wholesalers

Wholesalers purchase products from manufacturers and deliver them to retailers. Even though these companies are not involved directly in producing or selling faulty products, they may be financially responsible for damages those products cause. 

If you were injured after buying a secondhand product, it might be more difficult to recover financial compensation for the losses that you sustained. Speak with the accomplished team of product liability attorneys at Morgan & Morgan to determine your legal options.

Victims of product-related injuries can pursue many different types of financial compensation. The two primary categories of financial damages in most product liability cases are “special” and “general” damages. 

Special damages are financial payments to faulty product victims to compensate for the direct monetary losses they experience as a result of the injury. Some typical examples of special damages in these claims include compensatory payments for: 

• Current and past medical bills and costs
• Anticipated future medical care expenses
• Lost wages from missing work due to injuries
• Decreased ability to earn income long-term
• Property damage caused by defective products
• And more 

Other types of costs and losses are not financial in nature. When you have been injured, some of the most devastating outcomes are emotional, psychological, and personal.  

Compensatory payments for these losses are called “general” or “non-economic” damages. Examples include payments to compensate for: 

• Physical pain and suffering
• Emotional turmoil and anguish
• Panic, anxiety, and stress
• Post-traumatic stress disorder (PTSD)
• Embarrassment
• Temporary or permanent disability
• Decreased quality of life
• Scarring or disfigurement
• And more

A skilled personal injury lawyer at Morgan & Morgan will help you determine the full value of your case. Most victims are uncertain about how to calculate the non-monetary losses they have experienced.

Do not let a negligent corporation deny you the full amount you need to move forward. Let the accomplished attorneys at Morgan & Morgan fight diligently to recover maximum financial compensation in your product liability claim.

When you have been injured due to a product defect in Gainesville, FL, make sure to secure legal representation. You should not carry the burdens that result from an injury that another party caused. 

The skilled team at Morgan & Morgan will review the facts of your case to determine who is legally liable for the faulty product that injured you. Since our firm’s founding in 1988, we have recovered more than $25 billion in compensation for accident victims. 

Our compassionate lawyers know that injury victims face many personal and financial difficulties. Because of this, we provide no-cost consultations with no obligation to hire our firm.  

Schedule your free case evaluation today by filling out the contact form on our firm’s website. Let the Gainesville product liability lawyers at Morgan & Morgan get justice for you.