Understanding Product Defects
Defective products represent a critical area of the law. If you, a family member or a loved one has suffered an injury caused by a product, you already know the turmoil these issues can cause.
Damage from product defects can include injuries caused by a malfunction, breakage or related circumstances. In more serious situations, these problems may even cause catastrophic injury or death. Product defects and related liability does not necessarily refer only to tangible goods, either. In some cases, liability has extended for situations related to intangible items such as gas, housing, and even written words (such as defective navigational charts).
The Nuts & Bolts of Liability & Defects
Products liability typically arises in the following three areas:
1. Negligence
Negligence refers to the failure to act in a way that should be expected for a reasonable person under the same circumstances. In cases of product liability, this could refer to a failure to act reasonably throughout the processes of manufacturing, distribution, sales and other areas.
2. Strict Liability
Strict liability refers more directly to responsibility for products that inevitably cause injury or death. If a product is defective and causes injury, the responsible entity (such as the manufacturer) will be held liable for damages.
3. Breach of Warranty of Fitness
In most cases, you can buy a product or service with the assurance of certain characteristics related to its operation, use or ownership. Accordingly, if a product is defective, this implied warranty of fitness may have been breached.
For example, say a customer purchases a snow shovel that is labeled for that specific use. However, suppose that a manufacturing flaw created a defect that causes breakage when shoveling the snow. In this case, a breach may have occurred as this was a product labeled for snow shoveling but caused an injury when used this way.
Navigating the Law
Because product defect and liability laws differ from other personal injury laws, understanding your rights can be a tricky process. Each state has specific laws dealing with product liability cases.
If you’re in Florida and need help understanding your rights concerning product defects, contact Baggett Lawtoday. The firm brings experience in this area of the law. If you or a loved one has suffered because of a defective product, we can help you understand your rights and what you need to do to collect the compensation you may be entitled to.
