Do You Have The Grounds To Seek Compensation Due To Defective Products?
Michael Babboni
Recalls
Every year, things go wrong. In Florida, a lot of injuries are caused by automobile accidents, and many are caused by premises liability issues like a slip, trip, and fall. However, while fault is often obvious in these cases there's another area that is sometimes not considered – defective products.On occasion, a product could be defective in its design or its manufacture. And in these cases, it could cause serious injury and sometimes even cause death to occur. Once an issue is noticed, the company responsible for creating the product will issue a recall, something we've all seen a lot of. Recalls have been done for everything from toys to baby strollers to appliances to vehicles, and are an important way for companies to try to protect the public and themselves.
But what happens if you're injured or if a loved one dies as a result of a defective or unsafe product? For many, the best step you can take is to pursue financial compensation for your injuries. The reasons are numerous, but come down primarily to the fact that having a large financial burden to deal with can make it very difficult to heal and recover from your injuries. Getting compensation allows you to focus on what's important – moving on from the accident.
It's important to understand whether or not you actually have the grounds to seek compensation, of course. Talking to a good personal injury lawyer is the easiest way to do this since they'll provide you with a consultation and explain to you whether or not your case is valid. But you can also educate yourself a bit on the subject and avoid any surprises.
The key is making sure that the issue lies with the defective products. Under Florida law, for you to have the rights to seek compensation the product in question must have been defective or poorly designed from its inception. It can't have been damaged through regular use by you or your family in any way, or your case will be invalid.
In terms of design, your attorney will have to show that the design of the product itself is inherently dangerous and that you had no way of knowing that it was hazardous. For example, you would have no way of knowing that a child's toy was coated with a toxic paint. But you would know that a chainsaw carried with it some risk. As such, you could seek compensation for injuries related to the toy, but not to the saw – unless the saw was built with a major defect that increased risk without your knowledge.
It's also important to note that a recall can help an attorney show that the product was indeed dangerous, but that timing matters tremendously. If your injuries occur after a product has already been recalled it will be much harder to get compensation – especially if it's a recall you were made aware of through a mailer or some other means. This is because once the recall is issued, you are taking on the responsibility of using the product and the added risks that come with it.
Seeking financial compensation for injuries caused by defective products is something that is possible, but the laws can be complex and confusing. You'll want to ensure that you have a skilled Florida personal injury lawyer working for you to help you get the money that you're owed and to help figure out whether or not you actually have a case.