What To Do When You’ve Been Injured By A Defective Product
Michael Babboni
Recalls
When you use a product, you trust that the manufacturer and retailer have done their due diligence to ensure the product is safe. However, there are many times when a manufacturer is unaware of a safety issue or they are aware, but go ahead and sell the product anyway. In those cases, if you use the product, you can become seriously injured. As a result, you may have a product liability claim and can pursue damages for the costs of your injuries.Who Can Sue for Defective Product Damage?
According to Florida law, there are several scenarios where you can file a claim for damages when you’ve been injured by a defective product including:
• The Buyer: If you have purchased a defective product and you become injured from that product you do have a personal injury lawsuit.
• The Product User: If you were injured using someone else’s defective product you have a claim. For example, you borrow your neighbors lawnmower, not realizing it is defective and the first time you use it, the blade flies off and you get injured.
• A Secondary Party: If you were injured by someone else using a defective product you may have a defective product lawsuit. For example, your neighbor asks you to help him with a woodworking product, unaware the product he is using is defective. As he is using it, a part comes loose and injures you.
Florida Laws About Product Damage
The courts in the state of Florida use two theories to determine what happened in a defective product case. They are negligence and strict products liability.
● Negligence: The injury was due to lack of due diligence
● Strict Products Liability: Person is responsible even if they were no negligent
Unfortunately, Florida law limits damages to $500,000 or three times the amount of the damages awarded to the injured party. The victim of the defective product (plaintiff) must show “clear and convincing evidence” that the defendant had actual knowledge of the wrongness of conduct”. In certain cases such as if the defendant acted in an especially reckless manner or was financially motivated. In these cases damages can reach up to $2 million or four times the damages awarded to the victim.
Who Do I Sue In A Product Damage Lawsuit?
The first thing when it comes to a product damage lawsuit, is to hire a personal injury attorney who is well versed in product damage lawsuits in addiction to Florida Law. This is not something you should ever attempt on your own. A good product damage injury attorney will review your case and know who to sue and will file suit against one or all parties. These parties include:
• The Manufacturer: One of the first parties would be the manufacturer who made the product that caused injury. It may be a multinational company to the person selling on eBay. If the party that injured you was part of a larger product you can also sue the manufacturer of the whole product. For example, you are driving your car and the brakes fail causing you to be injured in a crash. You can hold both the car manufacturer and the manufacturer of the brakes. Manufacturers can include an outside consultant and design consultants.
• The Retailer: While the store that you purchased the damaging product did not manufacture it, they could still be liable for selling you the product. Remember, every party involved in the chain of distribution of the defective product should be named in your lawsuit. A good personal injury attorney can determine who all is in the chain of distribution, to ensure everyone is included.
• Distributor: In between the manufacture of the product and the selling of that defective product there are a number of wholesalers, distributors, suppliers and other middlemen. Each on is a part of the chain of distribution of the defective product, therefore they are also liable.
How Do I Hire A Florida Defective Products Liability Attorney?
When it comes to working with an attorney, make sure you hire a product liability attorney who not only is willing to go the distance for you, but one you are comfortable working with as this is a lengthy process. The St. Pete’s Lawyer specializes in product liability cases and knows exactly how to fight for you. Contact us for a free consultation to learn more!