Personal Injury Law

Understanding Strict Product Liability

By Flaxman & Lopez

Strict product liability means that any business or person who makes or sells a product that is average to the average user when used under normal uses may be held liable for the personal injuries which occur from the use of the product. If you have bought a product and have used it in a normal manner and have been injured by the product, you may be able to seek legal action against the manufacturer. You will need a good Florida personal injury attorney, however, to pursue the case.

A good attorney is needed because you will need to prove in court how the product defect has occurred. Generally, the defect may have occurred either in the design or the manufacturing of the product or during the packaging of the product. The product defect may also have occurred during marketing. For example, the instructions of the product or an advertisement may have shown inaccurate information on how to use the product. If you followed this incorrect information, you may have sustained an injury. A good attorney will be able to work with private investigators to discover how a defect has occurred.

In a product liability case, you will not have to prove that the manufacturer was negligent. Even if the manufacture took steps to make sure that the product was safe, you will still have a case if the product proves unsafe. However, you will have to prove that the product caused your injury and that you were using the product at the time of the incident. This can be challenging if there were no witnesses and no video evidence of the use of the product exists. Often, an attorney will rely on medical evidence to conclusively link the product to an injury.

One other thing you will need to prove in court is that you used the product as intended. Manufacturers are not responsible for injuries caused by unforeseen uses of their product. Therefore, if you altered the product in some way, failed to follow directions, or used the product for something it was not intended to be used for, you may be damaging your case. You may have a difficult time collecting damages.

Product-related injuries are quite common. The number of product recalls quite simply shows how many products make it to our shelves despite being unsafe. Although there are many laws in place to ensure the safety of the products we buy, unsafe products continue to be sold. These unsafe products cause car accidents, burn injuries, amputations, medical reactions, broken bones, and many other serious injuries.

Seeking legal redress when you have been injured by a product defect is important. Legal action compels a manufacturer to make changes that make their product safer. It also ensures that you are given the financial resources to cope with your injury. If you have sustained a burn injury due to a defective home appliance, for example, a good Florida personal injury attorney can ensure that you are given the resources to replace lost income and to seek the best possible medical treatment.

Full post as published by Florida Injury Lawyer Blog on March 22, 2010 (boomark / email).