What You Need to Know About Product Liability Claims?
With personal injury claims becoming far more prevalent these days, one of the most common types of cases around have been product liability claims. Releasing a defective or poorly functioning product can cause quite a bit of issues for businesses, both large and small. Defective product liability claims are known to drastically affect everyone involved in the release of the product(s), from the manufactures, designers, distributors, wholesalers and most importantly, the retailers themselves. According to Ms. Anissa Morris, considered to be the Best Injury Lawyer Zephyrhills has to offer, this type of liability extends to both physical and digital items, in which adequate waring and recalls have been either omitted or not released in a proper way – as these products can injure third parties, or in many cases, can lead to a wrongful death claim in the event any individual passes away as a result of using such a product. In the event you have been injured in any fashion as a result of a product liability issue, its important that you take the proper legal steps to get the justice you deserve.
When it comes to personal injury lawsuits, despite other types of claims, such as medical malpractice or car accidents being far more prevalent, according to Ms. Morris, the best injury lawyer Zephyrhills has in practice, product liability claims have led to the highest settlement values – higher than any other form of personal injury lawsuit, averaging approximately $1.5 million for each settlement. In some cases the settlement values have even exceeded $2.5 million. While not every product liability claim will amass such a high settlement, the important thing to understand however, is that each type of product liability is different and aside from a few common traits, they each require their own specific actions and damages. According to Ms. Morris, the best injury lawyer Zephyrhills has to offer, in order for a business to be held liable for damages caused to a victim as a result of their negligence, there are certain aspects that need to be proven including:
· The product(s) in question was actually proven to be defective.
· The defective product caused some type of injury.
· As a result of said injury, the plaintiff must have incurred some type of losses.
· The designer, manufacturer, or retailer had a duty to provide the buyer with a safe product.
Interestingly enough, it isn’t just the individual who purchased the product who is allowed to seek damaged from a product liability claim or defective product. As the laws have changed, other parties can also seek damages that occurred indirectly. For instance, according to Ms. Morris, the best injury lawyer Tampa has in practice, in a case where a pedestrian suffers an injury due to being hit by a car, as a result of the break’s on the car failing – they can now seek damages from the manufacturer of the car by issuing a product liability lawsuit. If found liable in court, the vehicle maker would have to reimburse the pedestrian for medical bills, lost wages, and other damages – as well as the initial purchaser, if they were injured in any way.
While we understand the process by which an individual, with the help of an attorney such as Ms. Morris, the best injury lawyer Tampa has in practice, you now understand the method by which you can file a product liability lawsuit. However, its important to understand what exactly entails a defective product, legally. A defective product is an item unfit for its intended purpose. Product defects can be due to lack of instructions, missing warning labels, and inaccurate product information or ingredients. Defects render a product that is typically safe dangerous to use. According to Ms. Morris, the best injury lawyer Tampa has to offer, the three types of product defects are:
· Design Defects: A product with design defects exposes consumers to risk even when they are using it properly. You must prove that even though you did everything right, you got injured.
· Manufacturing Defects: These defects occur when manufacturers fail to follow a product’s design plans. This includes using incorrect parts, making assembly mistakes, or allowing contamination by hazardous materials.
· Marketing Defects: Marketing defects are caused by insufficient instructions and warnings or improper labels that result in harm. To prove a marketing flaw in court, the injured party must identify the misleading information and show how it caused damages.