When you followed the instructions but still got hurt
Miami Product liability Attorney
Hidden Dangers
Consumer
Rights
Defectively designed and manufactured products are encountered by unsuspecting consumers every day. Whether the product’s flaw is attributable to a defective design or a mistake by a craftsman during manufacture, defective products regularly expose people to unnecessary risks on a massive scale. Consumers often are oblivious to the efforts done largely outside the spotlight in the field of product liability law and dedicated victim advocates. Look no further than the often seen national and global product recalls that act to keep the public safe. The courts are critical and indispensable as a mens to secure accountability for victims of unscrupulous business practices that prioritize shortcuts and profits over people.
Products in the Stream of Commerce
Design & Manufacturing Defects
Protecting Consumers: Defective Products
If you were injured by a defective device, whether a household cleaning agent, an unsafe vehicle, pharmaceuticals, electronics, car tires, or medical implants, you may be entitled to compensation thanks to product liability law.
Both the manufacturers of a defective product and their down stream vendors who are known to reap lucrative profits on the cheaply made but defective products. Manufacturers that make the products and the design professionals they employ are usually the source of the defectively designed product. Accordingly, they are usually one of the main entities that should be investigated in the course of determining liability.
Why are defective products so common?
Defective products are typically attributable to unscrupulous businesses that prioritize corporate profits over consumer safety. Consequentially, they are more than willing to place defective products responsible for injuring a significant number of the unsuspecting down stream consumers, because it is a calculated risk that will end up generating profits. Some of these entities would rather pay millions of dollars a year to defendse attorneys as a budgeted cost of doing business because it is still more profitable than engineering quality products with safe designs.
That is why it is imperative to act quickly to pursue and secure your right to justice when you have been victimized by the greedy interests of big business conglomerates like Big Pharma, the auto industry and even Boeing.
Defective Designs & Strict Liability
When determining whether an individual or company is liable for injuries caused by their product, courts use two different liability theories. The first involves negligence meaning the injured party must show that the individual or company was negligent in designing and creating a safe product, and that negligence caused the injury. One of the more common forms of negligence with product liability is failure to warn the customer about a dangerous condition.
The other theory is product liability, which focuses on the actual product instead of the action of the manufacturer or seller. Defective design cases fall under this theory of product liability, and the standard for proving this is under the standard of strict liability, which means the injured party must show that the product had a defect which caused an unreasonably dangerous condition.
Florida law provides that the test to determine whether a design is unreasonably dangerous is the consumer-expectation test. Under the consumer-expectation test, the product is considered unreasonably dangerous if it fails to perform as a reasonable consumer would expect when using it as it is intended or in a manner that is reasonably foreseeable. For the consumer to win a case under strict liability, it must be proven that the design defect was present in the product at the time it was sold or purchased, and the defect caused the injury. Design defects are normally something that is wrong with the product from the inherent design of it that makes it unsafe for its intended use.
Manufacturing Defects
Alternatively, manufacturing defects arise when the injured party claims that, while the product’s design may be safe, an error that occurred in the manufacturing of the item made the product unsafe. Even if the product was designed to be safe, if some step was not taken during the manufacturing process or if something occurred when it was being created that made it inherently dangerous, the consumer may have a claim for his or her injuries.
To hold the manufacturer of the defective product liable, the consumer must show that the device was faulty or defective when it “entered the stream of commerce.”
Empassioned Advovacy is our Guarantee
It is important to have a strong legal advocate experienced in lvictim advacacy of all sorts including defective products. An experienced Miami product liability injury attorney will help guide you through the process to fight for the justice you deserve, especially in product liability cases. They will be on your side and you do not pay any fees until we win your case. If you were injured by a defective device, whether electronics, pharmaceuticals, car tires, or medical implants, you may be entitled to entitled to compensation. Speak to a defective product attorney in our Miami office today.
At Delgado Trial Attorneys, we have substantial experience in a wide range of product liability cases. We have spent more than a half century fighting for the rights of the injured in every type of accident imaginable. When you hire Delgado Trial Attorneys, we guarantee to fight for your rights and your affected loved ones to the maximum extent allowed under the law, including the maximum amount of compensation you are entitled to by the at fault party(s). Call us today at (305) 596-7911 for a free consultation and speak with an experienced Miami product liability lawyer. Virtual sign-ups available.
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