Products Liability
Our homes and offices are filled with products manufactured and sold to us by a variety of companies. Most of these products, when used as directed, safely and reliably perform the functions we expect them to serve. Unfortunately, 29 million people are injured each year by defective or recalled products such as:
- Pharmaceuticals/Drugs (prescriptions and over-the-counter medicine)
- Medical Products and Devices (hip replacements, knees, prosthetics, wheelchairs, etc.)
- Automobile Parts (tires, air bags, seat belts, brakes, etc.)
- Heavy Industrial Construction Equipment (large machines or scaffolding)
- Power Tools (lawn mowers or saws)
- Firearms (guns or rifles)
- Apparel or Clothes
- Children's Toys (bicycle, scooter, strollers, playpens, choking hazards, etc.)
- Electronics
- Household Items (space heaters, cleaners, etc.)
- Hazardous Chemicals (asbestos and pesticides)
When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products- liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused when a defective or dangerous products is placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.
Often, products are manufactured and marketed before anyone knows the dangers inherent in the design or use of the product. If you or a family member has been injured through the fault of a product that was designed, manufactured or marketed improperly, an experienced attorney can help you try to gain the quickest and best physical and financial recovery possible.
Theories of Liability
There are many product liability theories including, defective design or manufacture of products; products that do not live up to their respective warranties or guarantees; products that causes injury when used for their intended or expected purpose and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage. Liability claims can be based on negligence, strict liability, or breach of warranty.
Design and quality standards must ensure safety. Unfortunately, corporations that design, manufacture and market the products we use do not always have their eyes on consumers' well being. By putting profits before safety, manufacturers sometimes make the wrong decision that leads to tragic injuries to their customers.
Investigation and Litigation
Although it is not always necessary to prove negligence, you must prove that the product was defective (inherently dangerous when used as intended or unreasonably dangerous to the average user). The personal injury plaintiff still has a challenge although products liability law has evolved over the years. At one time "caveat emptor" (let the buyer beware) was the standard to which manufacturers were held. Today "strict liability" is often imposed in appropriate cases. Under this standard, manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products, even if they were not negligent. In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product's possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries, and that he or she was using the product in the way it was intended to be used or even that the manufacturer should have anticipated that the product would be "misused" in the way that it was.
Products Liability Claim
A product must prove one of the following:
- Design Defect, which means that the product was manufactured to specifications, but the design itself was dangerous. A design defect occurs where all of the similar products manufactured by the defendant are the same, and they all have a feature whose design is itself defective and unreasonably dangerous. A majority of cases claiming design defects involve injuries caused as a result of structural defects, lack of safety features, and a lack of suitability for intended purposes.
- Manufacturing Defect, which means that the product was not produced to design specs because of a flaw in manufacture, assembly, testing, raw materials or components. A manufacturing defect occurs where the particular product that causes your injury is different from other items manufactured by the defendant, because something went wrong during the manufacturing process. Manufacturing defects result from some mishap in the manufacturing process itself, improper workmanship, or because defective materials were used in construction of the product.
- Failure to Warn, in which the end user was not warmed of likely dangers of the product, such as missing warning labels or faulty instructions. Duty to warn cases frequently arise in the areas of power tools, heavy equipment, prescription drugs, and dietary supplements which are sold without the proper warnings. A manufacturer who fails to warn of a danger can be liable even if their product is properly designed and manufactured. In addition, a warning will rarely shield a manufacturer from liability for a manufacturing or design defect.
The process of products liability litigation can be long, complicated and expensive, especially as records are acquired and experts are brought in to build your case. However, if you and your family do not make a financial recovery in the case, you owe us nothing, not even our costs. But money alone can't heal the emotional and physical injuries caused by a faulty product. Our primary concern is to return you and your family to your normal lives as quickly as possible.
The law limits the amount of time you have to file a lawsuit claiming injuries from a defective product. Don't gamble on losing a chance to remedy the losses to both your health and way of life. Please call us now and a products liability lawyer will examine your case to see if we can help to hasten your financial and physical recovery. There are no upfront fees. The sooner you begin, the sooner you and your family will be on the road to recovery.
Contact the Kane Law Firm
If you or a loved one has been the victim of a defective Product Liability, or sustained an injury, please call the Central Florida Products Liability Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.
We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.