Liability for injuries caused by defective products
Maybe it was a shoddy product that caused a consumer to become injured. Or maybe a person was enjoying a new Christmas gift when it suddenly broke, causing an injury. In other cases, it might be an automobile with a design defect or defective part that leads to a car crash. No matter how a person is injured by a defective product, it’s important to understand how to hold the responsible parties accountable.
Determining legal responsibility in cases in which a person is harmed by a defective product typically follows the law of product liability. This are of the law is related to the more general law of negligence, which governs most personal injury cases. Essentially, it provides that parties responsible for putting dangerous products into the marketplace can be held liable for injuries caused by defective products.
Products can be defective in a number of ways. There can be a defect in the way the product was designed, in the way the product was manufactured, or in the way the product was marketed.
When a product has a design defect, it means that the manufacturer’s intended design presents an unreasonable danger. When a product has a manufacturing defect, it means that a mistake was made while the product was being made. Therefore, even if it was designed safely, once it was manufactured it had deviated from that intended design.When a product has a marketing defective, it means that the product did not come with proper warnings, and that a foreseeable risk of harm could have been mitigated if proper warnings were provided. Thus, the improper warnings made it so that the product at issue presented an unreasonable danger.
This is only a basic overview of liability in cases in which a person is injured by a defective product. It cannot serve as the basis for any legal filing. Those who want more information about product liability cases may want to seek professional advice.
Source: FindLaw, “Florida Product Liability Laws,” accessed Jan. 15, 2018
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