Manufacturers have a duty to provide consumers with products that adhere to safety standards. Unfortunately, that duty is not always upheld. In such instances, consumers are at risk for injury and in severe cases even death. With a multitude of gifts being exchanged during the holiday season, it makes sense that some may incur injuries resulting from defective products during this time of year. As we begin the new year, knowing how one can recover damages following these injuries is necessary, as is knowing how a Miami product liability attorney can help.
What Constitutes a Case
When a person is injured by a product, he or she has the option to pursue a lawsuit against the manufacturer citing negligence, or more commonly, strict liability. Generally speaking, there must be four elements present in order to successfully sue a manufacturer under strict liability.
- The individual was injured or suffered a financial loss while using the product in question. Essentially, if there is no injury or documented loss, there is unlikely to be a viable case.
- The product being used has been deemed to be defective, whether due to a manufacturing error or a flawed design that renders the product “unreasonably dangerous.” Furthermore, the consumer was not sufficiently warned of any flaw in the design that could lead to injury.
- The defect directly caused the sustained injury. If another factor contributed to the injury, the manufacturer may be found to be not at fault.
- The product was being used in a way the manufacturer intended, while adhering to the provided instructions. If the average consumer is unlikely to have used the product in the same way it was being used at the time of the injury, the manufacturer may have a suitable defense.
How a Miami Product Liability Attorney Can Help
Simply having a case in which the aforementioned elements are present does not guarantee a case’s success. Having the assistance of a qualified attorney can significantly increase an individual’s chances of securing a favorable outcome. A lawyer with extensive experience in handling these cases can determine whether the manufacturer may have a viable defense, as well as select the optimal approach for demonstrating the manufacturer’s fault.
Do you believe you have a case for a defective product suit? A Miami product liability attorney can help you seek justice. Contact Graham Legal today to schedule a free consultation.