Defective products can injure people. Some companies prioritize profits before safety, and they neglect to maintain certain standards while manufacturing products. The defective product could be missing an integral safety feature, include a contaminant, or even be improperly packaged. More specifically, products such as faulty ladders, defective tires, or dangerous prescription drugs can cause devastating injuries.
What is product liability?
In the U.S., product manufacturers are responsible for producing safe products with their corresponding warning labels. If a defective product reaches a consumer, they may be liable for the resulting damages. Product liability law is meant to protect consumers. Depending on the state where you live, you may file a product liability claim based on negligence, strict liability, or a breach of warranty.
With so many different products available, it’s hard to know which ones are considered defective and which are safe. Common product defects include:
- Manufacturer defects: Products are produced with flaws that do not allow them to function correctly.
- Design defects: Design defects occur when there is a problem with the design of the product, affecting the products functionality.
- Marketing defects: The product does not include reasonable warning labels or instructions.
Who is liable for a defective product?
To determine who is responsible for selling a defective product, take a look at the product’s line of distribution and analyze every step of production. This may include investigating the manufacturer, retailer, or supplier. In most cases, the liability rests on the manufacturer because of a faulty design or on the retailer for incorrectly storing the product. Hire an experienced product liability lawyer to examine the case thoroughly and properly.
What kind of damages can I receive from my product liability case?
These damages are not just payouts. They are meant to cover medical bills, wages, and other recovery expenses.
- Compensatory losses: damages that cover economic losses as a result of the injury. If it’s not a financial loss, then there will be an attempt to apply monetary value to the injuries.
- Punitive damages: when the defendant has to provide additional compensation due to negligence induced extreme injuries.
A Note on Punitive Damages
Punitive damages are permitted in personal injury cases, however, meeting the threshold is difficult. Punitive damages are not meant to cover the compensatorty damages; instead, they are intended to punish the wrongdoer and deter similar conduct in the community. In rare instances when the defendant driver's behavior was exceptionally reckless—such as in cases of extreme DUI, road rage attack, or a trucking company forcing drivers to work long hours on the road—a court may award punitive damages. Courts require clear and convincing evidence in considering punitive damages, even when the defendant commits gross negligence or intentional misconduct.
If you or someone you know has been seriously harmed by a defective product in the vicinity of Coral Springs or Pompano Beach, Florida, please contact Cindy Goldstein. Our firm is dedicated to helping those injured through the negligence of another party to recover the financial compensation to which they are entitled for medical expenses, lost wages, and other damages. Cindy Goldstein Law is proud to serve you.