West Palm Beach Product Liability Lawyer
Consumers in America buy millions of products every year, ranging from the essential–like food, medicine, and clothing–to the products that add joy or convenience to our lives, such as recreational toys and equipment, electronics, and motor vehicles. While no one expects a product to cause them harm, accidents and injuries are a result of defective products. If you have been injured by a defective product, you may have a cause of action. Our West Palm Beach product liability lawyer at the office of Smith, Ball & Báez Injury Lawyers Law can help. Reach out to our lawyer today for your free consultation.
Types of Product Defects
There is no limit to the type of product that can be defective–cars, furniture, medications, electronics, household items, cleaners, clothing, and more could be dangerous. There are three types of product defect claims:
- Defectively manufactured. One of the most common types of product liability claims is one that is based on the claim that a product has been defectively manufactured, even if it was safely designed. For example, an electronic device that has exposed wiring as a result of a manufacturing error, presenting the risk of electrocution.
- Defectively labeled. Sometimes, a product has inherent risks. For example, if an electronic device is designed and manufactured to specifications, it has some inherent risks based purely on the fact that it relies on electricity to run. If a product has a risk that is inherent in its use, it must disclose this risk and, in some cases, provide instruction for proper use. For example, a toy that has small parts that could be swallowed must include a warning that the toy is not suitable for children under a certain age.
- Defectively designed. The third type of defective product claim is a claim based on a product’s defective design. When a product is defectively designed, it means that something in the blueprint of the product itself is unsafe. An oven drawer that has excessively sharp edges that present the risk of laceration with normal use is defectively designed.
Liability for Harm Caused By a Defective Product
When a person uses a defective product, they are at risk of harm. In addition to medical expenses, the individual may suffer long-term disability, lost wages, pain, suffering, and other economic and noneconomic losses.
Unlike many other types of personal injury claims, a defective products claim is often based on the theory of strict liability. This means that so long as the plaintiff can prove that a defect exists and that the defect was the cause of the plaintiff’s harm, the defendant (manufacturer) will be held strictly liable for damages; the plaintiff will not have to prove the defendant’s negligence.
In some cases, a claim may be brought forth on the theory of negligence or breach of warranty. It’s important to discuss your option with your attorney.
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