When we buy products, we expect them to be, and have a right for them to be, safe to use. If they are not, the injuries they cause can be significant, and not to mention costly. Manufacturers have a duty to design their devices so that they are not dangerous to consumers. When they fail to provide a safe design, they are responsible for the injuries that result. The product liabilitys at the Law Offices represent consumers in the Miami region who have been injured by products with a design defect. Our firm helps clients in Broward, Palm Beach, and Miami-Dade Counties, among other areas, seek the compensation to which they are entitled for injuries caused by a flawed product.Design Defects
Design defects happen when there is an inherent flaw in a product’s design that is dangerous to its users. The defect is not found in just one particular item, but rather all units of the product that were manufactured. To show there has been a defect in a device’s design and succeed on a product liability claim against a manufacturer, an injured victim must prove that:
- The design was unreasonably dangerous before manufacturing;
- This danger was evident based upon an ordinary consumer’s use of the product, both as intended or as reasonably foreseeable by a manufacturer; and
- A manufacturer could have used a superior, reasonably cost-effective design.
Many different products are susceptible to a design defect, from a car’s electrical system that malfunctions to a coffee maker that overheats coffee and causes serious burns. Depending on the type of accident that occurs, and the kind of injury sustained, various parties could be held liable for damages. For instance, a plaintiff would need to prove that it was the malfunction in a car’s electrical system, as opposed to driver error, that was the cause of an accident and subsequent injuries.Asserting Your Rights Against Manufacturers
Manufacturers are strictly liable for injuries caused by a product’s design defect once a showing has been made that the item was unreasonably dangerous at the time it left their control. Strict liability means that a company is liable for damages regardless of the care it took. When the theory of strict liability is not allowed, such as in instances when a consumer has bought a defective product in a second-hand market, a plaintiff may base his or her claim on a manufacturer’s negligence. Under this legal theory, the plaintiff must show that the defendant breached its duty to exercise reasonable care in placing the product on the market, and that this breach caused the plaintiff’s injuries.
In Florida, all product liability lawsuits must be filed within four years from the date that the harm occurred or should have been discovered. Given the complex and sometimes technical nature of design defect cases, consulting a knowledgeable lawyer is important to ensuring your claims are handled properly and your legal rights are preserved.Seek Legal Guidance After a Fort Lauderdale Accident
A manufacturer that puts an unsafe product on the market, despite its ability to provide a less dangerous alternative, should be held liable for harm it causes to consumers. The injury attorneys at the Law Offices are experienced in helping victims in Fort Lauderdale and beyond who have been hurt by a product’s defective design, and we can assert your right to proper compensation. If you have been hurt by a defective product, call (877) 499-4878 or Contact us online to schedule a free initial consultation regarding your case.