West Palm Beach, Florida Personal Injury Lawyers

Defective Manufacture

An injured person can claim in a product liability lawsuit that the
manufacture of the product was different from the usual manufacturing process for that product. To make this claim, there must be proof that the manufacture of the product alleged to be defective was:

- different from the design specifications established for the product; or

- different from the design or manufacture formula established for that product; or

- the performance of the actual manufacturing process differed for that product from other identical products.

Defective Design

An injured person can claim in a product liability lawsuit that the product was defectively designed. To make this claim, there must be proof that:

- The design of the product was not reasonably safe for its intended use (or unintended but foreseeable uses)

- The design of the product presents a risk of injury to users of theproduct or other people who might be expected to come in contact with the product

- There was another way to design the product to make it safer; and/or

- The benefits of the safer design outweigh any decrease in the product's usefulness and any increased manufacturing costs.

If a court determines that a product was defectively designed, the manufacturer or seller of the product may face "strict liability." Strict liability means that there is no defense that will be accepted for the defective design of the product.

Frequently Asked Questions about products liability claims:

1) What is a defective product?
A defective product is one that causes damage or injury to a consumer by way of a defect in the product, its labeling or marketing, and the way the product is used.

2) What is product liability based on?
A successful products liability case is based on a manufacturing defect, a design defect, or inadequate warning of danger known to the manufacturer or
seller.

3) When is a manufacturer liable for injury caused by a defective product? A manufacturer is liable if the design allows for an unreasonable amount of danger to consumers.

4) Is a store that sells a defective product liable?
A store can be liable if they don't take proper steps to inspect the safety of the product.

5) What are the requirements of a successful products liability claim? This will vary from state to state and relies upon the determination of whether the product was unreasonably dangerous, using the product inflicted an injury, and the injury was caused by the defect in the product. Many
states require both that the product is ruled unreasonably dangerous and that the defect caused the injury.

6) What do I do if I'm injured?
Contact a good products liability lawyer as soon as possible. Evidence must be gathered and secured. Many times if too much time is taken, evidence can disappear or be altered.

7) How is evidence secured?
Evidence is secured by storing it under lock and key so that it can't be altered.

8) What damages are recoverable in a product defect case?
A successful products liability case entitles the injured to compensatory damages, lost time from work, and property damage resulting from the usage of the defective product. Pain and suffering, consortium and punitive damages are also available for different reasons.

9) Who else can be responsible besides the manufacturer?
In addition to either the manufacturer or seller having liability for a product, any repairer of a product can also maintain liability for the product.

If you have questions or concerns about a product liability case, contact our offices at (561) 684-6330 or toll free at (800) 443-4529 or CLICK HERE to fill out the contact form and we will call you to discuss your case for free.

We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.