One second, you’re performing a mundane act you’ve done a million times.. The next, your body’s in immense pain, and you’re in an ambulance. When you get to the hospital, medical professionals ask you what happened. You’re not sure exactly, but you know it involved a product malfunctioning.
When you purchase a product from the store or schedule a service, there’s a preset expectation that it will work exactly as intended. Unfortunately, that’s not always the case. When defective products make their way into consumers’ lives, it could have disastrous consequences. If you or a loved one have been injured due to a product that was unsafe, you could be entitled to compensation. A products liability attorney from the Montlick law firm can work with you to understand what happened, provide legal advice, and fight to ensure you receive maximum compensation.
Before we get started, let’s go over one thing: what is product liability?
What is Products Liability?
According to Cornell Law School, product liability is defined as the “liability of any or all parties along the chain of manufacture of any product for damage caused by that product.” “This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).” Basically, it’s the rule that states manufacturers and sellers can be found responsible if at defective product harms a consumer.
Everyone is entitled to the expectation that you won’t be injured when going out in public or using a product as it was meant to be used. When this expectation is violated, you could be able to pursue a product liability claim under the classification of a civil claim to recover compensation for resulting damages. To start this process, it’s crucial that you contact an experienced attorney as soon as possible. They’ll help to determine what level of product liability coverage the at-fault parties may have and determine whether or not you have a case. What is product liability coverage? We’ll break it down for you.
What is Products Liability Coverage
Products liability coverage is a insurance that protects a business from the consequences caused by a a defective product. It acts as a buffer for the damages the business may be expected to pay out if and when their product causes bodily harm or property damage. The coverage can include design flaws, warranty errors, product defects, strict liability, and inadequate safety warnings. In general, having products liability coverage will help a business involved in a suit with its legal fees, settlements, and the medical bills of a consumer who may bring a claim against the business.
Disclaimer: The information stated is for general understanding and not a substitute for legal advice.
For legal counsel, contact Montlick today.
What Products Are Covered by Products Liability Laws?
You may be wondering what products are covered under Florida products liability law. Honestly, it’s quicker to say what isn’t covered by it. Product liability laws could apply to just about anything you can buy. Liability laws allow consumers to pursue a case against the manufacturer, distributor, or retailer responsible for selling them the faulty product. It’s meant to hold them accountable for the injuries you received if they fail to exercise the proper care when designing, manufacturing, marketing or distributing the product. Just a few products covered under product liability laws include:
- Vehicles (ex: faulty airbags)
- Food (ex: salmonella in peanut butter)
- Medical devices/products (ex: faulty pacemakers)
- Appliances (ex: poorly designed stove parts that cause fires)
- Prescription medications (ex: wrong ingredients)
- Clothing (ex: harmful chemicals)
- Toys (ex: lead paint or choking hazards)
- Airplanes (ex: faulty parts)
- Industrial Machinery {ex: designed improperly)
Types of Products Liability Claims
Some defective products won’t get caught and pulled from the market during distribution. It’s unfortunate but true. When this happens, consumers are at risk for injuries or even death. In 2022 there were 12,663,028 product injuries, an increase of 7.8% from the previous year.
Generally, there are four primary liability claim types:
Failure to Warn
Manufacturers have a duty to share information about possible side effects or risks associated with a product if they are aware of safety issues, but it needs to be more evident to the average person. If this duty isn’t upheld, it falls under the “failure to warn” product liability claim. Examples of inadequate failures to warn include electronics without caution stickers, medicine without a list of side effects, and cleaning supplies missing proper instructions or labels.
Design Defects
This type of claim applies to a product that was created with a flaw built into it. A flaw in the design process means that the final product will not function correctly according to the original design objectives. For a claim like this to be valid, the flaw must prove unreasonably dangerous, meaning the risks outweigh the benefits. An example of a “design defect” may be a power tool with a poorly designed safety guard.
Breach of Warranty
In some instances, products come with written warranties or implied warranties. Written warranties provide guarantees from the manufacturers to consumers, while implied warranties aren’t written in an agreement but are implied by law or circumstance. This type of warranty dictates that a consumer can safely assume a product can be used for its intended purpose. For example, if you purchase a new TV from the store but get it home and it doesn’t work, this is a breach of implied warranty.
Manufacturing Defects
A manufacturer could be held accountable when something happens during the manufacturing/assembly process that causes a problem. For example, a food item may contain an allergen or other item that should have never been packaged with the food you bought from the store which could make it dangerous to consumers. While the design may be perfect, the product could become dangerous to consumers if its assembly is botched. Manufacturers should have a quality control department that reviews products to catch defects such as structural weaknesses, missing parts, or contamination. An example of such a defect would be using the wrong fastener on a piece of furniture, which causes it to be unstable.
The main difference between manufacturing and design defects is the gravity of the damage. Design defects mean the entire line is defective, while a manufacturing defect usually affects only a partial percentage of the line.
If your injuries from a product fall into any of the above-illustrated categories, start by giving Montlick a call.
What Services Are Covered by Products Liability Laws?
In some instances, product liability laws will also cover services. Such coverage may be applied if you paid for a service and are injured during it due to its poor quality or if it was improperly installed. Additional covered services may include services that are provided for compensation.
Medical Care
Medical care product liability cases usually stem from a manufacturer’s rush to get a new product. When hurrying, they may fail to adequately test the product, leading to patients suffering from undiscovered defects and side effects. Each patient has a right to informed decisions about their medical treatment, but if you don’t have the necessary information to make one, you may be able to receive compensation.
Dental Care
Dental care products liability cases occur when a dental professional causes harm with tools or devices meant to improve oral health. The mouth is a small, sensitive area, and a damaged product or tool entering it can be very dangerous. You can pursue a case if your implant, denture, or crown has a defect that could cause bodily harm.
Legal Services
Legal service liability cases can be thought of as legal malpractice. Legal service liability may apply if an attorney has caused harm to a case by being careless, resulting in financial loss or other damage. If a previous attorney was negligent in a way that had an effect on your case, unresponsive, or blew a statute, you could sue them for legal malpractice with our help.
Strict Products Liability vs. Comparative Negligence
Liability laws act as a safety net for consumers affected by defective and dangerous products. Though laws vary by state, there are two main product liability cases: strict liability and negligence.
Strict liability cases mean that the victim does not need to prove anyone was at fault for their injuries but does need to show the product caused them harm; this often falls under a breach of warranty claim. In the instance of sellers being held accountable under strict liability, they had to have sold the product as part of their routine. This protects casual sellers (think Facebook Marketplace) from being caught in a claim.
In negligence cases, if the defendant proves the victim was partially responsible for their injuries, the victim can only recover partial compensation. The victim cannot be deemed more than 50% accountable or else the case could be dismissed by a judge.
What Must be Proven in a Products Liability Case?
- If a product injures you, the manufacturer could be held responsible or potentially someone along the distribution chain (or even both!).. Your product liability case attorney will work hard to prove you deserve compensation for what you’ve endured. Although the exact details vary between states, your attorney will do this by determining:
- That the product was defective in some way
- That you used the product as intended
- That the product defect caused you to suffer some harm
- That you can be compensated for the damage they endured
If you’ve been injured by a defective product, you may have a right to file a claim, even if you weren’t the one that made the purchase. Once proven, you may be able to recover damages related to your injuries and losses that directly resulted from the defect.
Who Can be Sued on Your Behalf
The short answer is anyone involved in the chain of distribution. If they played a part in getting the product to consumers, they could very well be liable if it caused harm. Those that could be sued include:
- The manufacturer of the product
- The parts manufacturer (what goes into the product)
- The individual or company that assembles the product
- The individual or company that installs the product
- Wholesalers
- Merchants who sell products to consumers
Note that you have limited time to file a product liability claim, which varies from state to state. Consumers will generally have 1-4 years to file a claim. Once the statute of limitations has passed, you can no longer pursue compensation. Seeking the assistance of a product liability attorney as soon as possible after your accident is crucial to retain important evidence that could disappear if you wait.
What Happens Once the Statute of Limitations has Passed?
Once again, if you have missed the deadline to pursue a product liability case, you cannot collect compensation. In this instance, the at-fault party is not required to pay damages. However, your case’s deadline may be pushed if an exception applies. Such an exception may be if your injuries do not materialize for some time after the accident but can be directly linked to its cause.
When the statute of limitations passes, little can be done. The law is meant to ensure you receive compensation in a timely manner. This is why filing a claim as soon as possible is so important. A product liability attorney will walk you through the process to ensure each requirement for a potential lawsuit is met.
Potential Compensation for a Products Liability Suit
In 2020, the Insurance Information Institute produced a study that showed the average products liability jury award was $7,058,106. The total compensatory damages are made up of economic and non-economic losses. Economic losses refer to money or property that was lost due to your injuries and
include:
- Medical bills
- Cost of disability
- Loss of wages
- Property loss
- Lost earning capacity
Non-economic damages, A.K.A. “non-monetary damages,” refer to aspects of an injury that are difficult to equate a sum to. The two most common kinds of non-economic damages include:
Pain and suffering
Loss of enjoyment of life
Disfigurement
Loss of consortium
Emotional distress
In some specific instances, you may also be able to receive punitive damages, which are meant to financially punish the at-fault party to dissuade them from acting similarly in the future. If you are harmed due to a defective product, you may be able to be compensated, and we can help ensure any possible recovery is maximized.
Wrongful Death Compensation
If a loved one has been killed as a result of a product defect, you may be entitled to sue those responsible in a wrongful death case. Surviving family members or those in charge of the deceased’s case can be compensated for:
- Costs associated with the victim’s death (funeral and obituary expenses)
- Medical expenses incurred before the death
- Loss of companionship the victim provided
Why an Attorney is Necessary
Each year, thousands of products are recalled due to defects and safety concerns. In 2022, the National Safety Council reported 12.7 million people being hospitalized for injuries related to defective products. The majority of these injuries affected young children and older adults, our most vulnerable populations.
Product liability cases are often more complex than they seem at first glance, making securing representation by an experienced attorney priceless. An attorney can help you determine the plausibility of your case, gather evidence, and showcase the at-fault party’s negligence.
You shouldn’t have to face a major manufacturer on your own, especially when recovering from painful, possibly debilitating injuries. Let us fight on your behalf to minimize frustrations.
Life After a Products Liability Case Starts with Your Call to Montlick
Following a defective product accident, you need time to recover. But you must also consider how you’ll get justice for what happened. Working with a product liability attorney from Montlick is the first step in getting there.
Over the years, our firm has established a reputation as a law office that will always fight for what’s right. We don’t give up on our clients, no matter how long it takes. We’ll carefully follow the product that injured you or trace it back to those responsible. You may have a right to compensation following a defective product injury. We have the skill set to ensure you receive it.
Contact Montlick today for more information on pursuing a product liability claim. Your initial compensation is free.
