Defective or dangerous products can cause serious injury and death. From the famous McDonald’s hot coffee case to asbestos, defective breast implants and tobacco lawsuits, chances are you’ve heard of products liability cases. Injured plaintiffs can sue manufacturers to recover compensation for their injuries and related expenses.
If you’re injured by a defective product, a personal injury lawyer can help. Here’s an overview of products liability lawsuits.
Florida products liability statute
Florida Statutes Section 768.81 states that products liability actions are “a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product.”
Types of products liability cases
There are three broad types of products liability cases: manufacturing defects, design defects and failure to warn. Manufacturing defects typically affect a single item, like a car manufactured with defective airbag. Design defects occur when an entire line of products is faulty due to an unreasonably dangerous design, such as vehicles prone to rolling over.
Finally, failure to warn cases occur when a manufacturer does not provide adequate instructions on how to use the product, or fails to warn users about the inherent risks involved in the product’s intended use, such as cancer-causing ingredients in pesticides.
An attorney can review your claim and explain what kind of products liability case you may have. While determining and proving liability can be complex, manufacturers have a duty to produce products which are safe to use in the intended manner. Filing a lawsuit can help you recover damages for medical expenses, pain and suffering, lost wages and more.
Talk to an experienced Sarasota, FL accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh today.