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Products liability concerns the area of law that arises when a defective product may result in harm to an innocent victim. Products liability cases provide recovery for injured victims against manufacturers, wholesalers, retailers, and distributors who make products available to the public. Due to the ever-growing products injuries in the Weston and Fort Lauderdale areas, as well as throughout the rest of the United States, there has been an increase in injured victims from defective products.
Within the law of products liability there exists three separate types of claims that may be brought by an injured party. A negligence claim under products liability will hold a manufacturer liable for its failure to use due care towards any person who sustained an injury that was proximately caused by their neglect in (1) designing the product (2) selecting the materials used to manufacture the product (3) using the appropriate production process (4) assembling and testing the product and (5) placing adequate warnings on the product.
A strict products liability claim will hold a manufacturer, retailer, or distributor liable to an injured victim regardless of their intent or exercise of due care for any injury their product causes. Essentially, there are six elements that must be proven to recover a claim under strict products liability including: (1) the product was defective when the defendant placed it into the stream of commerce (2) the defendant is normally engaged in the selling or distributing of this particular product (3) the product is unreasonably dangerous (4) the victim suffers physical harm to themself or their property (5) the defect in the product is the proximate cause of the injury (6) the product had not been substantially changed from the time it was sold and the time the injury occurred. All of these elements of strict product liability cases may be confusing and difficult to establish which proves the importance of obtaining competent legal representation such as that of the Schulman Law Group’s litigation attorneys.
An injured victim or their family members may also be able to recover under a theory of products liability if the product is defective. There are three different types of defects that a product may contain. A manufacturers defect is one when the product deviates from its intended design even though due care was used in manufacturing the product. An example of this is a chair with an unstable leg. A design defect arises when a victim’s injury could have been avoided by an alternative design that was feasible to the manufacturer. The final type of defect, a warning defect, arises when the omission of a warning on a particular product renders the product “not reasonably safe.” In order for a warning to be proper it must inform the consumer of the potential risk associated with using the product and the proper measures to take if injured.
The Schulman Law Group has represented clients for many products failures, including but not limited to cases related to: prostheses, crutches, birth control devices, defective cars, defective boating equipment, defective airplanes and helicopters, pharmaceutical errors defective building designs and construction; to name just a few.
Please contact us to learn how we use our experience, knowledge, tenacity and resources to obtain proper compensation for victims who have been injured by defective products.