Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

What is product liability and when do you have a case?

On Behalf of | Oct 18, 2021 | Personal Injury, Product Liability |

As a resident of Florida, you expect to be able to use a product safely as it was meant to be used. Unfortunately, there are times when a product might be defective and lead to injuries even if you use it properly. You may have cause to file a product liability lawsuit. It’s important to understand more about product liability and when you have a case.

What is product liability?

Product liability means that the manufacturer or seller of a product that is defective and causes a personal injury can be held liable. Consumers have the right to buy and use products and remain safe while doing so. However, a defect can occur at any point and put people at risk. By law, products are meant to be safe for consumers.

Who can be held liable for a defective product?

Even if a consumer doesn’t suffer an injury while using a defective product, there is still liability for that product being defective. To have a claim, the product must have been sold in the marketplace. A defective product might have a certain chain of distribution, so it might be challenging knowing which party should be held liable. However, it might be the manufacturer of the product, the manufacturer of the parts of the product, the assembler, the wholesaler or the store that sold the product.

What are the different types of product defects?

Personal injuries can occur when a consumer uses a defective product. This can happen due to any of the different types of product defects. Design defects appear in the design of the product that makes it dangerous to use. A manufacturing defect is a flaw that occurs when the product is being manufactured or assembled. Marketing defects are those involved in the way a product is marketed. For example, the safety warnings that come with the product might be insufficient.

No one should suffer injuries when owning and using a product. If there is a defect in that product that makes it dangerous, you need to fight back and hold the liable party responsible for your damages.

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