Strict Liability Claims
Manufacturers and others in the retail industry have a duty to make and distribute safe products to the public. When they fail in this duty, they ought to be held financially liable for the injuries that result from their unsafe merchandise. The product liabilitys at the Law Offices are dedicated to guiding Miami residents and others through the process of seeking compensation after an accident. We are familiar with the nuances that may play a role in these complex claims, and we can advise you on your options.Using Strict Liability to Pursue Damages from a Manufacturer
Product liability claims are based on a dangerous defect in an item, which may have arisen during the manufacturing process or from a flaw in its overall design. Manufacturing defects happen as a result of mistakes in assembling the product, and they are generally specific to one unit or model line that differs from what the maker intended to produce. Design defects, on the other hand, are inherent flaws in a product’s overall design scheme that make it dangerous to users. Defects in design are apparent in all of the items that are made. Manufacturers, as well as others involved in the chain of distribution, can potentially be held strictly liable for injuries caused by either manufacturing or design defects.
To recover damages for either a manufacturing or a design defect, the injured party, or plaintiff, would need to show that:
- A defect in the product existed when it left the manufacturer’s control; and
- The injuries that he or she sustained were a result of that defect.
To show a defect in design, a plaintiff must establish that the product’s original blueprint was unreasonably dangerous, judging by the ordinary or foreseeable use of the item by a consumer. It must also be shown that the manufacturer had the option of using a superior and economically feasible alternative in design. Safety measures or precautions taken by a manufacturer or other responsible parties are not taken into account in strict liability claims.
To use a strict liability theory, a product must be purchased within the chain of distribution, and thus second-hand products do not qualify for these types of claims. An injured person may be able to pursue damages from manufacturers, either of a defective part or the whole product, as well as wholesalers and retailers. Compensation that may be available in strict liability lawsuits tends to include medical expenses, lost income, lost earning capacity, and pain and suffering. Under Florida’s statute of limitations for these claims, they usually must be filed within four years of the accident.Legal Representation for Victims of Defective Devices in Miami
Unsafe products can cause serious, life-altering injuries to consumers who are unaware of their latent risks. The injury attorneys at the Law Offices are committed to helping accident victims in Miami and the surrounding cities, such as Fort Lauderdale. If you have been hurt by a defective device, you can contact us at (877) 499-4878 or online for a free consultation to discuss your potential product liability claim. We serve accident victims throughout South Florida, including in Broward, Palm Beach, and Miami-Dade Counties.