Product liability law focuses on dangerous and/or defective products that put consumers at risk. It applies to companies that manufactured and sell products that are not safe to unsuspecting consumers. In some cases the companies are negligent in properly informing the consumer of hazards, while in other cases, unconscionably, it was done knowingly with malice of forethought. The usual subjects of product’s liability suits are defective products that can cause harm to a consumer. Product’s liability law holds all parties to the manufacture of a defective product accountable for damage caused by the product.
Under product’s liability law, damages may be awarded to a victim if a consumer is injured by a defective product. The damages awarded may be compensatory or punitive. Compensatory damages compensate victims for their losses and are awarded to cover the cost of such things as medical bills, lost wages or property damage arising from the use of the defective product. If the victim suffered considerable physical or mental anguish as a result of the injury, they may also be awarded compensation for their pain and suffering. Product liability law is different from other types of law in that the responsible party could be held liable for your injuries even if all reasonable precautions were taken to ensure a safe product. If it can be proven that the product is defective, and that your injuries were caused by the defective product, the responsible party is automatically liable.
Despite the differences between states in applying products liability law, one standard is uniform to all claims, and that is the burden of proving that a product is defective. In the law, a defect is generally defined as a lack of safety that the product should ordinarily provide given the nature of the product and the foreseeable, ordinary manner in which it is intended to be used. As in all things legal, there is further elaboration on the meaning of the words (such as safety, the nature of the product and foreseeable manner of use) in the definition itself, but the point is, the product must be proven defective by particular and complex criteria.
Manufacturing Defects are flaws that occur in the production process and involve materials of poor-quality or shoddy performance. Design defects occur wherein the manufacturing designs are dangerous or useless so they are defective even they are manufactured carefully. “Failure to warn” defects result in products that bring non-obvious risks that can alleviate through enough warnings to users and these risks are present even if they are manufactured and are designed for its planned purpose. Companies or individuals who design, manufacture, distribute, or sell products are legally responsible for ensuring their products are safe.
What should I do if I am a victim?
The work of a defective product lawyer becomes necessary when a consumer becomes the victim of such defective products. In most cases, the producer would negligently refuse to provide the needed label or instruction that is intended to inform the consumer about the correct use of the product. In such a situation, the product becomes risky to the prospective consumer. There are instances where the consumer might suffer serious injuries and even death at some point. Again, less severe injuries might make several others suffer from burns, fractures or head injury. Besides these physical injuries, there are several emotional and psychological traumas that may be associated with it. The victim would, therefore, have the right to sue the manufacturer of the product for introducing defective the product into the market, which is considered illegal by law. If you or a loved one has been injured or suffered damage due to a defective product, please do not hesitate to tThe Curry Law Group. We service the entire Tampa Bay Area and would like the chance to represent you.