Florida Product Liability Claims
Every company that operates in Florida has a legal responsibility to ensure that their products are reasonably safe. A product that presents an unreasonable risk to consumers should not be on the market. Companies must be held accountable for any damage that is caused by their products. If you or a family member was injured by a defective product, please contact an experienced Tampa Bay defective products attorney to learn more about your legal options.
You Deserve Fair Compensation
In order to recover damages for injuries caused by a defective product, you will need to take legal action. Your attorney will need to prove all of the necessary legal elements of a product liability claim. The following is a list of four things that must be established before you can recover damages for a defective product injury:
- Loss: First, you can only recover damages if you have sustained actual harm. You will need to prove that the product caused you some sort of injury or financial loss. Even in cases where your injury is plainly obvious, it is important to pay attention to this element. Ultimately, you can only recover to the extent that you can prove your damages. It is critical that you establish the full extent of your damages so that you can maximize your recovery.
- A defect or a failure to warn: Product defects generally fit into one of three general categories: design flaw, manufacturing flaw or the failure to warn consumers. This covers the three main obligations companies have when producing and marketing their products. First, their product designs must be reasonably safe. Second, they must always manufacture each individual unit up to that approved design and up to the appropriate safety standards. Finally, companies must warn consumers about any potential risks. Some products are inherently risky, and while companies can still produce and market these types of products, they can be held liable if they fail to properly warn consumers of those risks.
- Causation: Fundamentally, product liability claims are still based on the legal standard of negligence. This means that you must prove a connection between your injury and the product defect in order to recover any compensation.
- Intended use: Finally, product liability plaintiffs should be aware of a common legal defense used by companies. If the company can prove that you were injured because you were not using the product in the intended way, or that you were using the product in a way that was unreasonable, then they can escape liability. In many defective product cases, this issue can become extremely complicated. In can be difficult to determine exactly what qualifies as intended use. Further, it can also be difficult to determine what qualifies as reasonably foreseeable use. If this is an issue in your case, you need to consult with an experienced attorney as soon as possible.
Do You Need Legal Advice?
Defective products can cause very serious injuries, even death. Victims deserve to be compensated for the full extent of their damages. At the Pawlowski//Mastrilli Law Group, our defective products attorneys have the experience necessary to help you recover the compensation you deserve. Please contact our Tampa office today at (813) 242-4404 to set up your free legal consultation. Our team serves victims throughout the region, including in Hillsborough County and Pasco County.