During the course of our daily lives, each of us encounters dozens or even hundreds of different products. Some of these items have the power to inflict serious bodily harm or even death if they are defective or unreasonably dangerous. If you are considering pursuing a product liability claim after this type of accident, the Pembroke Pines attorneys at Cohn & Smith can guide you through the process.Establishing the Responsibility of a Manufacturer for a Defective Device
Product liability cases can involve multiple theories of liability. In addition to a negligence claim, a person hurt by a defective device may also consider pursuing a strict liability action and a breach of warranty claim. Allegations concerning a breach of warranty may involve either an express warranty, which is an actual representation as to the product’s safety, or an implied warranty, which is a general understanding that the product would not cause harm if it is used as it was intended to be used.
In a lawsuit alleging product liability, there may be multiple defendants. Under Florida law, not only the original manufacturer who made the product but also any wholesaler or distributor may potentially be held liable for injuries resulting from the product’s defective or dangerous nature.
As opposed to a design defect, which is usually found in all of the products made by the manufacturer according to its original design, a manufacturing defect may involve only a single product or a small number of products. This is because manufacturing defects are caused by a problem or error occurring during the process of assembling the product, not the basic design of the item.
If an item is defective, hazardous, or unreasonably dangerous when it reaches the consumer, and it has not been substantially changed or altered, the seller, manufacturer, wholesaler, or retailer may be held accountable under a theory of strict liability. To prevail on such a claim, the injured consumer must show that the defect was present at the time that the product left the factory where it was made. In the case of a manufacturing defect, this means that the seller and maker may be held liable even if the manufacturer of the product had safeguards in place for separating defective products or regularly maintained the equipment that caused the defect.
Product liability lawsuits may arise from defective vehicles, dangerous drugs, or other devices. If a consumer is successful in proving liability against the defendant in such a case, he or she may be entitled to an amount of compensation that will fairly compensate him or her for the costs and losses resulting from the product’s use. Some common types of damages include:
- Lost wages and loss of future income;
- Past medical expenses and future medical treatment;
- Pain and suffering; and
- Scarring and disfigurement.
An injured person’s spouse may also have a claim for loss of consortium. After a fatal accident, the victim’s family may be able to pursue damages for wrongful death, which may include funeral expenses, medical bills, loss of net earnings to the estate, loss of support, and more. A product liability lawsuit may also result in punitive damages, but only in cases of particularly egregious conduct.Enlist a Pembroke Pines Attorney to Seek Compensation for Your Injuries
It is critical to speak to an injury lawyer as soon as possible after an accident in Pembroke Pines or the surrounding cities that has been caused by a defective product. To schedule a consultation with the experienced attorneys at Cohn & Smith, call us at 954-431-8100 or contact us online. We also represent injured individuals in Hollywood, Pembroke Pines, Aventura, and Sunrise, among other cities. There is no charge for the first appointment, and most cases are accepted on a contingency fee basis.