Who is Responsible for the Accident?
Product liability cases can be complex because there may be multiple parties responsible for the accident. Negligent parties may include:
If a product or part is defective, the manufacturer may ultimately be to blame. This can occur when the product is being made or assembled. If so, the victim may be able to file a claim against the manufacturer.
Manufacturers are not always responsible for designing a product. A partner company may have designed the product in such a way that makes it unsafe. If so, they may be liable for a flawed design that caused the accident.
Inadequate Safety Warning
In product liability cases involving an inadequate warning, there may be multiple liable parties that range from the manufacturer or designers to an inspector, marketing team, or even the retailer. All companies in the supply chain that are associated with the product are responsible for making sure it is safe and marketed appropriately. As such, they may share in the blame when an accident occurs.
Damages in a Product Liability Lawsuit
In a personal injury case, the victim may be entitled to recover economic and non-economic damages. What the case is worth depends on the extent of the losses, as well as how the accident occurred. Victims may be able to the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of joy of life
Florida follows a pure comparative negligence rule which provides that if you, as the consumer, are partially at fault for an accident, you may still file a lawsuit. However, any damages recovered will be reduced in proportion to your fault. So for example, if it’s determined that you are 25% liable for the accident and you receive $100,000 in damages then the amount you are rewarded would be reduced to $75,000.
An experienced attorney can calculate the damages based on the actual losses. The Hoag Law Firm is committed to fighting for the maximum compensation possible based on the extent of the victim’s losses.