If you or someone you love has been harmed by a defective or dangerous product, you may not know just what to do. How do you prove that the problem was the fault of the manufacturer or someone else in the supply chain? Won't they just try to say that you weren't using the product correctly and that you're the one at fault?
Consumers often feel that they have no chance going up against a large corporation. However, with proper legal guidance, you can prove that a product was harmful. By taking action, you can seek justice for yourself and your family and help prevent others from being similarly harmed.
Dangerous and even potentially fatal defects occur in a multitude of products. These include such diverse products as food, drugs and medical devices and baby and child products.
There are, broadly speaking, three different types of product defects:
- Design defects
- Manufacturing defects
- Warning defects
While the first two may seem like the most common, the last one is particularly crucial for products that by their very nature are potentially dangerous under certain circumstances. Adequate warnings and instructions must be clearly provided for the consumer.
Fortunately for consumers, laws governing product safety have strengthened over the years. The law provides numerous remedies for the effects of dangerous consumer products, depending on the situation. There are generally two legal theories on which plaintiffs can hold manufacturers and other defendants liable for a product defect: strict liability and negligence.
With a strict liability case, the plaintiff needs to prove that something went wrong during the manufacturing of the product, even if the manufacturer took all of the appropriate precautions. However, if something went wrong due to the negligence of a defendant (such as insufficient product testing, for example), the plaintiff may have a personal injury case. Your Miami personal injury attorney can advise you based on your specific case how best to proceed.
Source: FindLaw, "Defective Products and Consumer Rights," accessed Sep. 20, 2015