When consumers purchase a product, they have certain expectations. They expect the item to function as advertised, and more important, they trust that the product will be safe to use as intended.
Unfortunately, there are several issues that may affect a product between the design phase and its use by consumers. One small oversight can lead to serious injuries or worse. Fortunately, victims of product defects may be able to recover compensation from the at-fault party in a civil lawsuit.
If you were injured due to a product malfunction, then an Orlando personal-injury attorney from the Law Offices of Needle & Ellenberg, P.A. may be able to help. To schedule a free evaluation, call our office today at 305-290-1736.
Until then, read on to learn important information about product liability cases:
What Constitutes a Defective Product?
Several factors may contribute to a product defect. Perhaps the manufacturer made an oversight that caused defects in an entire product line. In other cases, the supplier or retailer makes mistakes that lead to product malfunctions.
According to Florida statutes, the cause or origin of the defect determines who is legally responsible. This party may have to pay victims for health-care bills, lost wages and other damages.
One of the most important steps when filing a lawsuit due to a defective product is identifying the responsible parties. There may be more than one, and your attorney can assist you in this regard.
Also, defendants must be able to prove that the defect caused a specific injury, and that they were using the item as it was intended. In some cases, plaintiffs can file successful lawsuits even if they used a product for an off-the-label intention as long as a reasonable person would have done the same.
What Damages Can I Claim?
If successful, the liable party may have to pay you compensation for health-care costs, pain and suffering, and lost wages. Depending on the severity of the injury, there may be ongoing damages – for example, if you cannot return to work due to the incident.
How Should I File the Lawsuit?
If you have any questions about the legal process associated with suing a designer, manufacturer or retailer, then you may wish to consult an attorney. Every case is different, and the information you read online may be outdated or misleading.
If you file a lawsuit, then you will need evidence to support your claim. Medical records are often critical for proving that a product caused a specific injury. These will also help your attorney quantify the damages for health-care costs, and they may even affect the amount you claim for pain and suffering.
If you were the victim of a defective product, then you probably have a lot of questions and concerns. If the incident happened in Florida, then an Orlando personal-injury lawyer from Needle & Ellenberg, P.A. may be able to help. Call us today at 305-290-1736 to schedule a consultation.