Even though companies are held to high standards of care when designing, manufacturing and selling their products, thousands of people are injured every year because of defective products. In the U.S., manufacturers are legally liable to pay for damages that directly result from the use of their products.
If you’ve been injured by a defective product, you have rights. Contact the experienced product liability attorney at Syprett Meshad today by completing the form on this page or calling 941-365-7171 to discuss your case for free. We protect the rights of clients from Sarasota and Bradenton, Florida.
What Is Product Liability?
Designers, manufacturers and retailers have an obligation to provide consumers with products that are safe when used as intended. They are also required to adequately warn consumers of any risks associated with the use of their products. When these obligations are not met, and injuries result from product use, consumers are eligible for compensation through a product liability lawsuit.
Establishing liability is complicated, but essentially, your claim must prove four elements:
- You sustained an injury while using the product
- The product was defective
- The defective product directly caused your injury
- You were using the product as intended when you suffered a personal injury
Determining Liability for a Defective Product
Determining responsibility in a product liability claim requires a comprehensive investigation of the product, what caused it to be defective and which party in the manufacturing chain is responsible for your injuries. Depending on the details of your situation, a number of parties could be held responsible for your injuries, including the:
- Manufacturer
- Packing company
- Wholesaler
- Retailer
Generally, there are three main types of product liability cases:
- Negligence: This type of claim must prove that carelessness in the design or manufacturing of the product directly led to injuries. Negligence can occur through a faulty design, insufficiently-maintained manufacturing equipment, failure to foresee potential hazards, failing to sufficiently inspect or test the product or releasing the product for sale prematurely.
- Strict liability: Strict liability claims must prove that your injuries are the direct result of a defective product. In these cases, it is not necessary to establish negligence; you must simply prove that the product was defective.
- Breach of warranty: If you were using the product for its intended purpose, you may be able to file a breach of warranty claim. While many breach of warranty lawsuits are filed in light of a written or expressed warranty, the law also recognizes certain warranties that were implied.
At Syprett Meshad, we are committed to providing our clients with straight-forward legal counsel, aggressive representation and the pursuit of maximum compensation.
If you suffered an injury because of a defective product, learn more about how our experienced product liability attorney can help you. Contact us today online or at 941-365-7171 to schedule your free initial consultation. We proudly serve Sarasota, Bradenton and surrounding Florida communities.