Defective Product Liability for Hardware & Software Products
Across the state of Florida, with personal injury lawsuits becoming more and more prevalent with each passing year – lawsuits regarding defective products have become some of the most common types of lawsuits around. In fact, product liability lawsuits amount to some of the highest collective monetary damages amongst all such lawsuits – with the average plaintiff taking in over $1.5 million in monetary settlements, and some plaintiffs making upwards of $2-3 million in order to compensate for their injuries and overall losses. According to Ms. Anissa Morris, of Spinner Law Firm, considered to be the best injury lawyer Sarasota has to offer, these lawsuits not only extend towards the individuals who purchased the defective items and maintain ownership of them, but anyone who has been hurt by them, even indirectly. For instance, in a situation where an individual purchases a charcoal grill from a manufacturer, and that grill were to be faulty and cause a small explosion within someone’s backyard, not only would the individual who owns the grill be able to file a lawsuit, but so would their next door neighbor, in a situation where they might have also been injured or sustained property damages from the explosion.
In order to understand what types of defects can account for such lawsuits, we must understand what type of product it was, and there must be a situation where, despite the owner properly using the item, it still causes injuries and/or damages. According to Ms. Morris, there are three specific types of defects, including:
· Design Defects: A product that, despite being used properly, was designed poorly and still lead to the individual being harmed.
· Manufacturing Defects: These types of damages occur when an individual is injured or incurs some types of damages, as a result of the manufacturing using the wrong parts, assembling it incorrectly, or the product is contaminated by hazardous materials.
· Marketing Defects: These types of defects are caused by products that are either improperly labeled or have the wrong instructions for use, which have led to an injury.
What to do About Defective Products?
When it comes to defective product lawsuits, its important for individuals to know what the first steps are to filing such a claim. Interestingly, according to Ms. Morris, the best injury lawyer Sarasota has in practice, there are a number of damages that you can seek for such an issue, as defective products not only can cause injury, but they can also hurt your reputation – whether you are an individual consumer or a retailer selling the product. When it comes to a defective product, according to most personal injury attorneys, the first steps to take include the following.
· First, you must publicly acknowledge the alleged defect in a proper statement.
· Then, you must contact the retailers, wholesalers, and distributors involved in the product chain.
· And finally, discuss ways in which to remedy the issue – whether that be through a settlement, and issuing a product recall and more.
While the vast majority of product liability cases involve the use of mechanical products or hardware operations, these types of cases can also extend to the use of software products as well. In fact, according to Ms. Morris, the best injury lawyer Sarasota has to offer, individuals can sue software vendors for a variety of different issues – even if an application crashes at an inappropriate time. This is because a product crashing can lead to millions in damages, and depending upon state laws, can amount to a certain type of negligence or liability. In order for an individual to sue the developer of some software, they must meet the following criteria.
· The software vendor owed the user a duty to provide functioning software;
· The software did not live up to that standard;
· The user suffered harm; and
· The software caused that harm.
For more information on all manner of product liability claims, or to schedule a consult for yourself, be sure to contact Spinner Law Firm today.