People buy products, whether they are their favorite or new. They trust that the product will perform as advertised. If this isn’t the case and the product injures a victim, they may be entitled to compensation. A Florida products liability suit is a type of lawsuit where the product manufacturer may be held responsible for an injury.
In a recent incident, a child was killed after using a touch screen treadmill in the home of a well-known fitness company. The details of the accident remain unclear but there have been several incidents in which children were injured due to the fact that the product was intended for people over 16 years old. The company has asked customers to follow the warnings on their product and store the treadmills in a place where children can’t access them.
Injured customers could sue if they feel that the company warned them of a potential danger. In Florida, a court will hold the product manufacturer responsible for its actions. A plaintiff doesn’t need to prove negligence if they can show: (1) that the product was defective; (2) that the product caused the victim’s injuries; and (3) that the victim sustained the injuries due to the defect. Three types of defects exist: manufacturing defects, design flaws, and failure to warn. A design defect is a flaw that occurs during the creation of a product or its conception. This makes it unsafe for consumers. A manufacturing defect, unlike a design fault, is an error made during the manufacturing process which makes the product unsafe.
The third defect is failure to warn, which occurs when the company fails to warn the consumer of the known or potential risks associated with using the product. The law requires companies to warn customers about known or possible risks associated with using their products. If they do so, they are not liable for this theory of product liability. If the injured party can show that the company was aware of the dangers associated with the treadmill and did not warn the children, then they are likely to win a lawsuit for product liability.
A product liability lawyer can assist with your case if you are interested in filing a lawsuit.
Contact a Florida Products Liability Attorney
Contact W. Lee Clark & Associates if you or someone close to you has been injured due to a defective product. Our attorneys are experienced in handling Florida product liability cases against negligent manufacturers. They will help you get the compensation you deserve. Contact our office to schedule a complimentary initial consultation with a Florida product liability lawyer.
W. Lee Clark & Associates is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, Lakeland defective product lawyer, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!