When a certain product causes an injury, you need help. Seeking medical help is obviously necessary. However, do you know that you need legal help too? Yes, if a defect in the product was the reason of the injury, Florida laws give you the right to sue for damage recovery.
Before you go ahead and file a claim, get in touch with a personal injury lawyer practicing in your city. The filing needs to be done at the Circuit Court. Therefore, if you are a resident of Miami, you need to file the lawsuit at the Eleventh Circuit Court, responsible for hearing the judicial matters in Miami-Dade County.
What is a defective product? There may be three major defects in a product. The details are as follows:
Design defect – When there is a flaw in the design itself, all products manufactured according to the plan are sure to be defective. Suppose there is an error in the design of the air bags in your car. If they do not inflate at the right time and therefore, are the reason for your injury, it is because of the defect in design.
Note: This is a ‘planned’ defect, as the plan of design was itself flawed.
Manufacturing defect – When there is an error in the manufacturing process, the products are sure to be defective. Suppose a batch of car locks do not have a certain part fitted in resulting in a defect. If you suffer an injury because the car door opens suddenly while you were driving, it is because of the defect in the manufacturing process.
Note: This is an ‘unplanned’ defect, as it was a mistake in the manufacturing process.
Marketing defect – If there were no warnings about a potentially dangerous product, it is a defect in the marketing of the item. However, products which require being dangerous to serve their definite purpose do not need to have such warnings. This is why a harsh cleaning agent requires having a warning about the harm it can cause to your skin but a knife does not need to have one.
Ascertaining the defect in the product is a specialist’s job. Ask your Miami personal injury lawyer for help in this regard. If you still have the product or the user guide/manual, give these to him.
Florida ‘strict liability’ rule maintains that the manufacturer, distributor or seller is liable for the injury if there was a defect in the product. So, all your personal injury lawyer needs to do is prove that the product was defective and you can claim damages for the injury it caused.
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