3 types of product liability claims you can file in Daytona Beach
Daytona Beach, FL – When you buy a product and use it according to its instructions, you are entitled to expect everything will go well. Everyone from car manufacturers and medical companies to coffee machine producers must test their products extensively and make sure they do not pose any safety risks. Also, products must be labeled correctly and come with warnings about potential dangers. Should anything bad happen, people who get injured have the right to file product liability claims.
What are the main types of product liability claims you can file in Florida?
Before taking any legal steps, you should talk to seasoned product liability lawyers in Daytona Beach. They will have to investigate the accident to determine who is responsible for your claim. All these cases fall under personal injury law and the most important thing is to prove that your accident was caused by negligence. Your lawyer’s job is to determine who exactly was negligent and in what way they failed in their duty to care for the safety of those buying the product.
Design defects
Defective design is one of the most common types of product liability claims. Your Florida personal injury lawyers will have to prove that the product was dangerous from the start. They will have to show the design of the product was flawed and the manufacturers did not conduct safety tests. Or maybe they did but preferred to ignore the results in their rush to get the product on the market.
Manufacturing defects
Your lawyers may have to call on technical experts and have them examine the defective product. Maybe there was nothing wrong with the design and it was a manufacturing problem that made the product unsafe.
Warning or labeling defects
People have a right to know whether there is some inherent danger when using a certain product, such as choking hazards, flammability, or the ability to cause injury. Dangerous medicines and medical equipment fall into this category. If the manufacturer did not list all the side effects of a certain drug and you become ill, you have the right to sue. Take, for instance, the hernia mesh scandal. Tens of thousands of people across the US were injured after having hernia surgery because the mesh used to strengthen the tissues migrated to other parts of the body causing organ damage.
Types of damages available in product liability claims
Under Florida law, you can recover both economic and non-economic damages.
Economic damages refer to your medical expenses and your lost wages.
Non-economic damages are meant to compensate you for your pain and suffering. The amount of money you can seek depends on the severity of the injury and the extent to which it affects your life. Florida does not cap the amount of money you can get in pain and suffering damages.
The statute of limitations for product liability lawsuits is 4 years from the date of the accident or the moment you discovered the product was defective.
If you were injured after using a defective product, schedule a free consultation with an experienced local lawyer at Pappas & Russell, P.A., and let them deal with your claim.
Contact info:
213 Silver Beach Avenue,
Daytona Beach, Florida 32118
Phone: (386) 254-2941
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