Defective Product Liability Law Explained by Attorney in Fort Lauderdale

When a defective product causes serious injury to you or a family member you may need the help of a Fort Lauderdale personal injury lawyer to file a product liability claim.  

This process can become complicated from the start when dealing with retailers, product manufacturers and other parties that may be liable. You’ll want the legal advice of an attorney who knows how to file injury claims against retailers and manufacturers. 

The First Steps to Take When Filing a Defective Product Liability Claim 

There are several elements of a claim that your product liability law attorney can help you sort out. There are 3 steps you need to take on your own before filing your claim: 

• Step 1 – save the defective product and any packaging materials;
• Step 2 – seek treatment for your injuries immediately; and
• Step 3 – contact a product liability law attorney. 

Before you talk to your attorney make sure that you’re not discussing the matter with anyone else. The more people you talk to about your claim, the more chances you have of saying something that could damage your case.  

This goes for your social media use as well – the insurance companies may go back in your profile history to look for any posts about your accident and injuries and use them against you later on. 

The 3 Types of Product Liability Claims 

It’s not always a defective product that causes injury to a victim; there are 3 types of negligence that manufacturers can be held liable when you suffer serious injury from one of their products. While defects are the main cause of accidents involving a consumer product, there is also the case of failure to provide adequate warnings or instructions that could also cause serious injury. 

A design defect is when a product developer fails to consider flaws in the design of their consumer product. This means that an entire model or line of products could have potentially harmful hazards due to a negligent design feature. An example of this would be a case where a child’s training bike has decorative figures sticking up from the handlebars that can injure a child’s face if they suddenly jerk forward. 

A manufacturer’s defect is when an error in the manufacturing process causes an unforeseen hazard to consumers. This type of product defect may affect a line of products or only certain batches depending on the manufacturing process. An example of this would be a curling iron with faulty wiring that overheated, causing the potential for melting of the plastic cord and fire hazards. 

Failure to provide proper instructions or safety warnings is when a product manufacturer is negligent in warning consumers about potential dangers of product use. It also involves the manufacturer’s duty to provide detailed instructions on proper product use to avoid injury from misuse. An example of this is when a medication package fails to warn users about potentially harmful interactions with other types of medication. 

What You Need to File Your Product Liability Claim 

When it comes time to file your claim you’ll want to have your Fort Lauderdale personal injury lawyer already informed of the details of your case. Your attorney can help you prepare the evidence necessary to support a claim, including the:  

• product evidence;
• medical evidence; and
• if necessary, provide experts to testify on your behalf. 

There is a good chance you may not be the only victim injured by a defective product, and your product liability law attorney may discuss the option of a class action lawsuit with you. No matter what type of claim you end up filing, you can make matters easier on yourself by having an experienced attorney on your side. 

Contact a Fort Lauderdale Personal Injury Lawyer  

A defective product can cause serious injury and property damage resulting in medical bills, unexpected expenses, and the potential for long-term disability. 

If you or a loved one has suffered serious injury or death from a dangerous or defective product, contact us immediately. We will answer all of your questions, explain your rights and help you to seek compensation through a claim. Justice is not automatic, and we will fight for your rights. Wolf and Pravato are based in Fort Lauderdale, but an attorney from our firm is here to help all victims and their families from Miami to Ft. Myers. Call 800-428-3476.