Understanding how Product Liability Lawsuits in Fort Lauderdale Work
If you want to sue for product liability in Fort Lauderdale there are a few things you want to take into consideration before contacting an attorney. Product liability lawsuits can become complicated and it’s best that you are certain you have the basics of a suit before you waste your time.
In order to sue for product liability you have to meet all four of the following "elements":
- You were injured or suffered a loss
- The product was defective in some way
- The defect in the product caused your injury or loss
- You were using the product in the way it was intended when the injury or loss occurred
The first element "suffering an injury or loss" means just what it says. Almost everyone has had an experience with a defective product but anger, frustration or "almost" being injured doesn’t count as an injury or loss. If you are pouring a cup of hot coffee from a glass carafe and the carafe unexpectedly cracks and disintegrates "nearly" pouring hot coffee in your lap there is no loss. If however the coffee lands in your lap and scalds you, then there is injury.
Defective Products – The Tricky Part of a Product Liability Lawsuit
There are three approaches to suing for product liability and they are:
- Defective manufacturing
- Defective design
- Inadequate warning
How you pursue your case should really be determined by an attorney who specializes in product liability and who is current on the latest product liability lawsuit outcomes. Proving defective manufacturing like a meat company who sells a batch of hamburger that contains e coli bacteria is comparatively simple. Negligent design can be much difficult to prove. For example airbags can cause injury when they go off but the danger you face from that threat is offset by the fact that the airbag saved you from serious injury or even death. Warnings are also subject to the "reasonable person" standard and may be tricky to argue.
The best advice of course is finding a Fort Lauderdale law firm like Martin, Lister & Alvarez who specialize in product liability law. If you work with a firm that regularly handles product liability cases you have a much better chance of successfully pursuing a claim.