Fort Lauderdale Accident Attorney Explains 4 Elements to Prove in a Product Liability Claim

Product liability is a complex area of personal-injury law, and the success of a claim hinges on the strength of the evidence. Claimants not only must prove that they suffered an injury, but they also must tie the injury to a specific product defect, and prove that they were using the product as a reasonable person would have used it.

Companies that design, manufacture and sell products often have legal teams to defend them against lawsuits. A product liability lawyer can help you navigate the claims process, avoid mistakes and aggressively fight for the maximum compensation.

If you were injured by a product defect in Florida, contact the Law Offices of Needle & Ellenberg, PA. A product liability lawyer in Fort Lauderdale will gather evidence and handle settlement negotiations on your behalf.

Call 305-290-1736 to schedule a consultation. You can also learn more about personal-injury claims in Florida by visiting http://personal-injury.usattorneys.com/florida/.

Here are four elements to prove in a product liability claim:

  1. You suffered a loss or injury.

According to Online Sunshine, you need an actual injury or loss to claim product liability. For example, this may be a burn from an exploding kettle or a cut from a malfunctioning power tool. If the product malfunctioned and you were almost – but not actually – injured then you do not have a claim.

You may have a claim if the product defect destroyed a valuable object. However, if you broke the object in the process of avoiding an injury, then you do not have a claim.

  1. The product was defective.

Just because you were injured by a product does not mean that you have a product liability claim. For example, amputating a finger is a possibility when using a knife. This does not necessarily mean that the knife was unreasonably dangerous. However, if a defect during the design, manufacture or sell of the knife caused it to malfunction, then you may have a claim.

  1. The defect caused your loss or injury.

After proving that the product was defective, your accident attorney must demonstrate how the defect caused your specific loss or injury.

  1. You were using the product as a reasonable person would have used it.

If you were injured while using a product for an unintended purpose, then you may not be able to recover compensation. For example, if you are speeding and a defective tire busts, which causes an accident and subsequent injuries, the manufacturer may argue that your speeding contributed to the incident.

However, manufacturers must consider how a reasonable person would use the product – even if that use is not stated in the instructions or owner’s manual. If your product liability lawyer can prove that you were using the product in a reasonable way yet a malfunction still caused your injuries, then your claim may be successful.

If you were injured by a product defect, contact a Fort Lauderdale accident attorney from the Law Offices of Needle & Ellenberg, PA. We have been representing the rights of the injured in Florida for more than 50 combined years. Call 305-290-1736 to schedule a consultation.