When consumers report that a product has caused them harm, the responsible company will usually recall the product. Unfortunately, this does not solve the problem because people have already been injured. For this reason, people who are injured by defective products are often allowed to file lawsuits against the product creators, manufacturers, marketers, and sellers to recover damages.
These types of accidents are entirely preventable and show negligence on the part of manufacturers. You should not have to be the tester for their products. If you have been injured by a faulty product, do not hesitate in retaining a defective products lawyer in Tampa. We represent injury cases known as strict liability and breach of warranty, areas in which our Tampa defective products attorneys have much experience.
Strict liability claims must show that the product is defective and dangerous, that the product was defective when it left the manufacturer, and that the defect caused the injury. Breach of warranty claims imply that the product is safe for the intended use, and many cases result in dangerous product recalls involving poorly designed vehicles, defective drugs, or hazardous toys and clothing. Sometimes, a merchant, distributor, or corporation may be held liable for offering a drug or product that is hazardous to your health.
The Tampa defective products lawyers at the Law Offices of Keith Ligori know that the law allows for people who have been seriously injured due to negligence and/or defective products to file a personal injury lawsuits. This gives them a chance to recover compensation for their pain and suffering, lost wages, lost future income, physical injuries, medical costs, and emotional trauma.
If you believe that your serious injuries resulted from negligence on behalf of a product vendor, creator, marketer, or manufacturer, you should seek immediate legal counsel from a qualified Tampa defective products lawyer.When the negligence of others affects your life, you need to fight for your rights. Call 813-254-7119.
Defective Products Lawsuit
Understanding what makes a product defective is rather complicated, but in general there are three legal theories that apply in a dangerous product lawsuit.
A situation where the injury was caused as a result a defect in the product’s manufacturing. An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.
A situation where the injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be a piece of industrial machinery which was built without proper safety or protection devices, and as a result a worker is injured while using the machine.
Failure to Warn or Inadequate Warning: A situation where a product, which was known to be potentially dangerous, was sold without a proper warning to the consumer. An example would be an over-the-counter drug sold without a warning of the hazards of use with certain other drugs, excessively long-term consumption, possible side effects from its use or withdrawal symptoms that could occur when trying to reduce the dosage or quit.
A lawsuit is the consumer’s most effective weapon against unreasonably dangerous products. Regulations often lack force and offer little more than a small punishment to the manufacturer. A products liability lawsuit allows the individual citizen to assume the role of the attorney general, prosecuting an action against greed, reckless, or negligent manufacturers. Therefore, it’s not surprising that manufacturers are frightened of the consumer’s right to sue. That’s why many manufacturer’s are working to limit the consumer’s right. However, this is why the Tampa defective products lawyers at our firm are working to protect the consumer.
Manufacturer Negligence Theory
- Manufacturer negligence theory requires the injured party to prove the following four elements:
- Show the manufacturer owed a duty to the consumer.
- Show that the manufacturer is liable to guard against injuries from reasonable use of the product.
- Show that the company breached its duty to the consumer.
- Prove that the manufacturer’s product negligence caused the injury.