Every year, US ERs treat 30.4 million people for non-fatal injuries. Of those, consumer products cause 43.8% of the injuries. Most of those consumer products include sports/recreation items, home structure/construction materials, and home furnishings/fixtures. If you have been injury by a consumer project, you may have a product liability lawsuit.
What is Product Liability?
Consumer products must meet the consumer’s ordinary expectations. If it has an unexpected defect or dangerous design,
all sellers within the product line are responsible for the defect.
There is no one law that covers all states. Instead, each state has its own set of laws and requirements. In Florida, a product must be in an unreasonably dangerous condition. If product does not perform as reasonably expected or foreseeable, manufacturers, distributors and sellers can be held liable.
In general, if an item has been sold at some point, the injured person may have a case. The injured person does not have to be the original purchaser.
Liable parties are generally any or all of the following:
- Product manufacturer
- Manufacturer of component parts;
- A person who assembles or installs the product
- The wholesaler
- Retail store that sold the product to the consumer
Sellers of second-hand items are not generally held liable for defects.
Type of Product Defects
The plaintiff must prove the product was defective, and the defect caused injuries.pixa Defects fall into three categories.
- Design defects – the actual design of the product made it unsafe. The Ford Pinto is one such design defect most people are familiar with.
- Manufacturing defects – a defect in the manufacture or assembly. For instance, an improperly installed chair leg collapses under use.
- Marketing defects – problems with the labeling, instructions or inadequate warnings. The McDonald’s hot coffee case is such an example.
Obviously, some objects are inherently unsafe. These items, such as sharp knives, must come with warnings of dangers and risks for using the product.
If you’ve been injured by a consumer product, contact Brian Hoag for a free case evaluation.
About Brian Hoag
Hopefully, you will never need the legal services of a Tampa personal injury lawyer. If you do, please give Hoag Law Firm a call at (727) 231-5420 or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. You love getting back to living your life.