Product Liability – the End of Caveat Emptor
Have you or someone you know suffered injury from a device or product despite following the instructions for its proper use? It seems that almost daily we read about product recalls due to car tires exploding, car engines catching fire, or defective medical devices that have caused pain and suffering to those who used them. No longer does the law support the once prevalent principle of “caveat emptor” or “let the buyer beware.” Now, people hurt by manufactured or processed goods can sue for compensation under the theory of product liability.
Consumers have a right to expect products that are free from dangerous defects when properly used. A defect in a product can be the result of a design flaw, a mistake in its manufacture, or improper storage. As a result, the designer, the manufacturer and the sellers may be liable for the damage the product caused. Some key questions asked to determine liability are:
- What exactly made the product defective?
- Were the injuries caused by a defect in the product that existed when the defendant sold it to you?
- Did you use the product in a way that was normal and foreseeable?
If you have been hurt, a Jacksonville product liability attorney experienced in pursuing product liability claims can help you answer these questions and determine whether or you have grounds to bring a successful product liability claim.
Injured consumers should note that Florida is a strict products liability state, which means people hurt by a defective product do not need to prove actual negligence or that the manufacturer or seller intended to cause harm. However, your product liability lawyer will still need to assess both the particular cause of your injuries and weigh issues of comparative negligence, such as whether you were injured because you used the product in an unreasonable or dangerous way, in order to properly evaluate your chances of success.
The Jacksonville law firm of Fallgatter Catlin & Varon, P.A. brings more than eight decades of combined litigation experience to fight for the compensation to which you are entitled. Call us today to make an appointment for a free consultation.