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Product Liability Lawyers
Experienced product liability lawyers in Palm Harbor, FL, like Morgan and Morgan, have extensive experience in helping victims who have suffered as a result of a defective or dangerous product. Manufacturers have a responsibility to ensure that their products have minimal safety issues. Unfortunately, accidents and injuries can and do happen, leaving victims to cope with the consequences.
A product liability lawsuit may be the only way to hold a seller or manufacturer of a product responsible for putting a defective product into the stream of commerce. Unfortunately, you may be the first person who suffers injuries as a result of the defective product, or you may be a group of bigger people that may be eligible to file a class-action lawsuit together. Not only is this important for being able to pursue your own justice and compensation for injuries, but you may hold these companies responsible and prevent them from making future similar mistakes.
Likewise, if you and many others have suffered as a result of a dangerous or defective product, this can send a strong message to all companies providing certain types of products about the due diligence they must do in advance of getting their products on the shelves. This can also lead to potential future legislation and better safety for everyone overall. It is important to recognize that, as a victim, any party that is responsible for any part of the product's manufacture could be held liable for resulting injuries, as well as the fact that a seller could be held liable.
Consider the popular example of a vehicle with a defective part. Many different manufacturers often contribute parts such as the engine, the tires, the brakes, and more. When all of those individual pieces are put together, some of them could fail and any of the following parties may be investigated for liability of resulting injuries: the wholesaler, the manufacturer, the dealer, or the manufacturer of the defective piece.
There are strict legal rules at the state level known as product liability law that enable victims to pursue compensation for their injuries. Product liability laws are designed to protect consumers as well as to compensate them for injuries they have sustained. Furthermore, these laws are in place to deter companies who sell or make unsafe goods. Product liability laws have determined that sellers and manufacturers must be held to a higher standard than the average defendant named in a civil lawsuit.
If you have the appropriate evidence and can indicate that the company did not go far enough in creating a safe product, you may have an easier opportunity to pursue compensation in court. It is imperative to find experienced product liability attorneys in Palm Harbor, Florida, to increase your chances of successful recovery of compensation. Attempting to pursue this on your own can be very overwhelming and it is crucial that you have the insight of someone who has been in this situation before and can help advise you about the next steps to take.
Product liability lawsuits can be especially complex, particularly if you are not experienced with this area of the law and are filing a lawsuit against a big company. Many of these companies have deep legal departments that are trained to help prevent and respond to these kinds of lawsuits.
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What Are Different Kinds of Product Liability Claims?
Although all product liability claims have an underlying allegation that the product was unsafe and that a consumer suffered an injury as a result, there are different kinds of product liability lawsuits. Currently, there are no federal laws governing product liability cases, meaning that most of these lawsuits are pursued in state courts in alliance with those states' laws. Product liability claims are typically based on one more of three different legal theories. These are known as strict liability, breach of warranty, and negligence.
A strict liability lawsuit eliminates any element for intent, meaning that as the victim and plaintiff, you do not need to prove reckless or negligent behavior. If the product is defective and then causes someone injury, then liability exists.
A breach of warranty refers to a kind of guarantee made by a seller regarding a product or good. Implied warranties are created by law and apply to products regardless of whether or not the seller also makes an additional statement. The two most common forms of implied warranty are implied warranty of fitness for particular use and implied warranty of merchantability. An express warranty is created by a specific statement or action on behalf of the seller. This can include a written or oral promise about a product, but also descriptions of a model or a product can be included under this umbrella. This is distinct from implied warranties.
When filing a negligence lawsuit, the elements of a negligence claim are very similar for personal injury. In these cases, the defendant owed the plaintiff a duty of care to prevent unreasonable risk of harm or injury when using the product. If that duty of care was violated and the victim suffers injuries, the violator could be held liable for damages.
What Are The Elements of Product Liability Claims?
When retaining product liability lawyers in Palm Harbor, Florida, it is crucial to find legal counsel that has extensive experience in this area of the law. This is because it can be very difficult to pursue these kinds of lawsuits on your own, and it is critical to have the support of a lawyer to guide you through each aspect of your legal claim.
It can often be overwhelming to navigate this legal process on your own, but having the support of a dedicated products liability lawyer in Palm Harbor, Florida, can give you a great deal of peace of mind and clarity over the next steps that you should take. Make sure that you are prepared to consult with a lawyer who has the necessary experience in this field of the law to tell you more about your eligibility to file a lawsuit.
What Should I Know About State Laws for Product Liability?
Many states have enacted comprehensive product liability statutes. Claims can be based on a Universal Commercial Code or the common law of the states. The product liability sections have to do with express and implied warranties and are mainly derived from torts law. A product must be shown to be defective in order for a plaintiff to succeed with a product liability claim. A plaintiff in any product liability claim argues that the manufacturer of a product should be liable for property damage or personal injury resulting from a defect in a product or from any false representations made by the manufacturer about that product. It is then the responsibility of the defendant to try to disprove the plaintiff's case by showing that either the plaintiff's misuse of the product was what caused injury or that the product was not defective to begin with. In many cases, this relies on hiring an experienced and dedicated lawyer.
Understanding Product Defects in Design, Manufacturing, and Warning
There are three primary ways that you can pursue a product liability lawsuit against a maker of a product. Product liability lawyers in Palm Harbor, Florida can help you with this. The first of these is known as a design defect. This is a situation in which you argue that foreseeable risks of harm could have been corrected in the design of the product. In most cases, cases involving design focus on manufacturer decisions for making a product.
When it comes to a manufacturing defect, this means that the manufacturer did not intend and is usually the situation in which strict liability applies the most. When it comes to warning defects, these are arguments that a manufacturer failed to give an appropriate warning about the dangerousness of a product. A warning must be specific and clear as well as placed in a location that the user can easily find.
Typical defenses in these kinds of claims are that the plaintiff misused the product in a manner that was not reasonably foreseeable by the manufacturer. Other defenses can include a plaintiff's assumption of risk associated with the product because some products are inherently dangerous and the plaintiff is assumed to understand those risks.
It is important to work directly with an attorney because there are also some product liability statutes of limitations that can apply. Your product liability lawyers in Palm Harbor, Florida can tell you more. In Florida, an action must be brought within two years from the time when the injury is or should have been discovered, and the state also has a 12-year statute of repose. This means that you should consult with product liability lawyers in Palm Harbor, Florida, as soon as possible to discuss your eligibility to pursue a lawsuit. The sooner that you retain legal counsel, the better.
Does My Lawyer Need to Have Relevant Experience?
It is important to find product liability lawyers in Palm Harbor, Florida, who have handled cases like this before. It is a significant legal undertaking to pursue a lawsuit against a company and requires someone who understands the intricacies of these lawsuits.
When you're thinking about meeting with a lawyer, consider the following:
- What is the size of their team?
- Do they have access to significant resources to investigate your claim?
- Have they handled similar product liability claims with related arguments lately?
- How many cases like yours have they handled in the past five years?
- Which lawyer would be assigned to your case, and is that your primary point of contact?
What Evidence Do I Need for Pursuing a Product Liability Claim?
As your product liability lawyers in Palm Harbor, Florida can tell you, you want evidence that shows how your injuries occurred, anything related to the product such as documentation or the product itself, and copies of your medical bills. When you meet with your product liability lawyers in Palm Harbor, Florida, you will also learn more about any specific evidence they request. It is important to identify attorneys who are prepared to fight as hard as possible on your behalf.
If you're ready to get help from product liability lawyers in Palm Harbor, FL, reach out to the team at Morgan & Morgan. Our track record of experience speaks for itself, and we're not afraid to fight when you've been seriously injured by someone else's negligent behavior. Contact us for a free, no-obligation case evaluation to get started.