Personal injuries from defective products are not uncommon. From bikes and vehicles to common household goods - no product is 100% immune to a possible defect, no matter how well it has been tested.
If you or someone you love has been injured by a defective product, it can often be confusing to determine who is liable for your injury. The trusted attorneys at Sanchez & Brown are available to help you figure out whether you can fight for compensation, and who should be on the receiving end of your lawsuit.
Liability in a defective product injury case
Depending on the injury sustained and the cause of that injury, there are multiple parties who might be liable for your accident. Generally, there are three categories under which product liability might fall:
Design defects occur when something is fundamentally wrong with the product’s design. In most instances, this means that every product of its kind would have the same defect. In Florida, customer-expectation tests are used to prove whether a product is unreasonably dangerous.
Manufacturing defects occur when a mistake has happened in the product’s manufacturing process (i.e. the product manufactured does not reflect the product designed). This means that while a single product might be defective, this may not be true for all products of its kind.
Marketing defects occur when the product’s manufacturer or someone in the supply chain acted in a way that brought an unsafe product to market. For example, the manufacturer may have failed to provide adequate warnings for product use.
Regardless of whether the defect leading to your personal injury was design, manufacturing, or marketing related, you must be able to prove in a court of law that the defect directly caused your injury.
Call us for a free consultation to discuss your claim.