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Do I Have a Product Liability Claim? Facts from an Orlando Personal-Injury Attorney

When consumers purchase new products and use them as intended, they do not expect to suffer an injury. Unfortunately, defects in the design, manufacturing or vending of products can cause serious harm. If you were injured due to a product malfunction, then a personal-injury attorney may be able to help you recover medical expenses, lost income and other damages.

Product liability cases are often challenging to win, but with a well-structured claim and the right evidence, you may be able to recover compensation. If your injury happened in Florida, then the Law Offices of Needle & Ellenberg, PA can evaluate your case and explain your options. Call us today at 305-290-1736 to schedule a consultation.

Until then, read on to learn three categories of product liability claims in Florida:

1. Insufficient Instruction or Warning

Potentially dangerous products must have clear warnings that notify consumers of the risks. Otherwise, the party who is responsible for providing this notification may be liable for injuries that result from using the product. Examples include:

  • A lack of instruction about how to store, handle or use dangerous chemicals;
  • No warning of potential side effects when combining certain medications;
  • Or inadequate warning of burn hazards near a steam valve.

However, you have to prove conclusively that your injury was the direct result of inadequate instruction or a lack of warning labels. For example, if you purchase a chemical and put it in your garage, and it suddenly explodes a week later, then you have to demonstrate how this only happened because the company did not instruct you on how to store it safely, or did not warn you about the danger of explosion.

2. Design Defects

Sometimes the design of a product can be inherently dangerous. In most of these cases, the entire product line, and not one item, is hazardous. Some examples of a defective design include:

  • A car that stalls in fifth gear;
  • Or an electric blanket that electrocutes when set to high.

As with other product liability claims, you have to provide indisputable evidence that the faulty design caused your injury. However, proving a design defect is often challenging. For example, if a car stalls in fifth gear and causes a collision, then it is your attorney’s job to demonstrate how the accident occurred because the car stalled and not because the other driver acted negligently.

3. Manufacturing Defects

Often, products become defective during the manufacturing process. This usually occurs because of a factory mistake. Human or technological errors can create hazardous products. Examples of manufacturing defects include:

  • A cracked chain on a kid’s swing set;
  • A bicycle that has no brake pads;
  • A hairline crack in a new kettle;
  • Or incorrect ingredients in prescription medications.

Your evidence must provide indisputable proof that the defective item caused your injury. For example, if you lose control of your new bicycle because it lacks brake pads, then you must prove that the brake pads were responsible for the crash and not your inability to steer.

An Orlando product liability lawyer can evaluate your accident and determine if you may have valid grounds for a lawsuit. Call the Law Offices of Needle & Ellenberg, PA at 305-290-1736 to discuss your potential case.