When Products Fail: What You Should Know About Product Liability Lawsuits
Throughout your day, you most likely use many products that have been manufactured without a second thought. After all, everything from the food we eat to the cars we drive to even the clothing we wear can be considered a “product”. Most of the time, these products operate in the capacity in which they were intended. Every so often, this ceases to be the case.
The Miami Herald reported recently that power tool company Black & Decker has recalled about 659,000 power drills after discovering a defect in its product. The side handle on the drill reportedly poses a safety hazard as it can slip or break, causing the person using the drill to lose control of it. The company attested to having knowledge of eleven such incidents, including one where the person using the drill incurred a torn rotator cuff. Fortunately, these drills were taken off the market before anyone else incurred an injury.
Products liability lawsuits can be one of the most confusing areas of law because it is not immediately clear who is responsible for your injuries. Experienced products liability attorneys can help determine who should be held responsible and help ensure you get the compensation you need.
What is a Product Liability Lawsuit?
Product liability lawsuits can encompass any situation where a faulty or unsafe product leads to someone becoming injured or even killed.
What are the Three Types of Product Liability Lawsuits?
Product liability lawsuits typically fall into one of these three categories:
- Manufacturing Defects – these kinds of claims can arise when there is a flawless design, but the product that left the manufacturing facility deviated from the design to the point that it is dangerous to consumers.
- Design Defects – these kinds of claims arise when the product, as designed, contains a defect such that even when manufactured flawlessly, the product still presents a danger to consumers.
- Failure to Warn – these claims arise when the product is appropriately designed and manufactured, but is subsequently not marketed with appropriate warnings and/or instructions, rendering it unreasonably dangerous to consumers
What is the Statute of Limitations for Beginning a Product Liability Lawsuit?
Under Florida law, an injured party typically has up to four years to bring a claim for a product
liability lawsuit. If the injured party has died from the injuries incurred from the product, then the time to bring a claim for wrongful death is two years.
What Happens When You Begin a Product Liability Lawsuit?
Product liability lawsuits are often long and complicated and you should prepare yourself for this. This is largely because it has to be determined exactly where in the chain of the product’s manufacturing that the defect occurred, or in other words, which party is to blame.
Suffered a Product-Related Injury? Allow Us to Help.
If you or a loved one has incurred a product-related injury, contact us today. The Miami product liability attorneys at The Pendas Law Firm are experienced in helping people like you recover the compensation that you deserve. Contact us today to schedule a free initial consultation.
The Pendas Law Firm also represents clients in the Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, Daytona and Bradenton areas.