Product Liability Lawyers in Titusville, FL

The term “product liability” refers to the liability one party has for the damage caused by that particular product. In simple terms, it refers to a party's legal responsibility for the sale, distribution, marketing, or consumption of a product. 

To further understand the concept of product liability, let's discuss the basic manufacturing process of a product. 

The manufacturers are legally responsible for their products right from the manufacturing stage. Let's say that the product in question is a kids' toy. We all know that most kids are vulnerable to injuries and incapable of protecting themselves from danger. So when you decide to manufacture toys for kids, safety should be your priority. 

Unfortunately, not every company out there reasons that way. Instead, making money is usually their first priority. So when such a company manufactures a defective product and the product in question harms an accident child, the manufacturer is held responsible for their negligence. 

That's product liability in a nutshell. 

It's also important to note that product liability does not only point towards the manufacturer's direction. While they're usually the most common targets in these kinds of cases, there are times when more than one party may be responsible for injuries caused by the product. Sometimes, the consumer might be responsible for the injuries they sustain while using a particular product. 

When you get injured by a defective product, the question of whether you need an attorney will likely pop up. The truth is, yes, you do. Here's why:

Product liability cases are complex. They require a lot of experience and a deep understanding of both federal and state laws. Hiring an experienced product liability attorney comes with many benefits. 

Here's what such an attorney can do. 

Determine Whether You Have a Valid Case

Just because you or your loved one got injured by a defective product doesn't necessarily mean you have a valid case. Product liability cases are usually based on technicalities you may not be aware of. When you hire an experienced attorney, they will review the circumstances of your case and determine whether it is valid. 

To do this, the attorney will evaluate the key elements of a product liability case, as discussed below. 

Was the Product Defective?
This might seem like a straightforward question, but in the legal world, it's not. There are a lot of factors that come to play when determining whether a particular product was defective. For example, let's say you got injured because of the product's design. In that case, the attorney will need to prove that the design was defective.

This is usually one of the most difficult things to do. The attorney might need to consult experts and conduct thorough investigations into the design of the product to prove to the other party that a different design of the same product would have been safer. But safety aside, the attorney will also need to prove that the cost of designing the alternative product would have been reasonable. 

Did the Product Cause Your Injuries?
You don't have a valid claim if the product was defective but did not cause your injuries. Unfortunately, establishing a connection between a defective product and your injuries isn't always that easy. That's one of the reasons you need an experienced attorney to prove that the product actually caused your injuries. 

Here's a hypothetical example of a situation where it may be difficult, but not impossible, to prove the connection between a defective product and an injury. 

John just turned 17. To celebrate his son's 16th birthday, John's father buys him a motorcycle. Excited, John decides to ride the motorcycle to his friend's neighborhood. Suddenly, while on his way to his friend's house, the motorcycle's brakes fail, sending John crashing. He suffers multiple injuries, including partial paralysis. 

When John's dad files a product liability claim, the motorcycle company claims that the brakes were in perfect condition. Rather, they blame John for riding recklessly because that's something kids his age do. 

In the scenario above, John's father will need to prove that the brakes were actually defective and that his son was not speeding or driving recklessly at the time of the accident, as the other party claims. That's where an experienced product liability attorney comes in.

Such an attorney, with the help of experts, can help investigate the brakes to determine whether they were defective. Their findings will then be used as evidence against the product manufacturer. 

Did the Defective Condition Cause Your Injury?
To prove liability in such a case, you must demonstrate that the defective condition caused your injuries. This means you won't have a case against the other party even if the product was defective. It must have directly caused your injuries. 

To prove that you got injured due to the defective condition, your attorney will gather crucial evidence such as photos of your injuries, medical records, expert opinions, witness accounts, etc. 

It's also important to understand the difference between a defective product and a defective condition when determining liability in these cases. 

The term defective product describes the general defects in the product. On the other hand, the defective condition refers to the specific factor that caused your injury. To put things into perspective, a product might be defective but not dangerous. It is the nature of the defective condition that makes it dangerous. 

In this case, you must prove that the specific defective condition of the product, such as a live wire on a pressure cooker, caused your injuries. 

Did You Use the Product as Intended?
This is usually the final big question. Once your attorney has established that the above elements are true, they will want to know how you used the product when you got injured. Unfortunately, many people get injured while using a product wrongly.

Here's an example:

Let's say you bought a gun at a local gun shop and saw this challenge on social media where people use their guns as hammers. In that case, if the gun is loaded at the time of use and accidentally fires a round, injuring you or anyone else, the manufacturer might not be responsible for the injuries.

This is because the gun wasn't being used as intended. You wouldn't expect the manufacturer to know that someone will one day use the gun as a hammer, hence the need to set up a warning label against such misuse. 

That said, there are times when the manufacturer or any other party might be responsible for the injury even if the product was not being used as intended. 

A good example is the case of a child's toy.

If a child swallows and chokes on the toy, their parents can sue the manufacturer, even if the product was not being used as intended (child swallowing the toy). This is because such an injury is described as being 'reasonably foreseeable,' meaning that the manufacturer should have predicted that someone down the line would use the product in such a way.

We all know that kids love putting things in their mouths. Therefore, you'd expect a manufacturer of kids' toys to have this factor in mind when deciding the overall design of a particular toy. In other words, the toy should be made in a way that is safe to use by kids. 

Gather Evidence to Support Your Claim

If the attorney finds you have a valid claim, they'll help you gather relevant evidence to build a strong case against the other party. The process of collecting evidence can be even more complex, depending on the circumstances of the case.

To build a strong case, the product liability lawyer might need to consult experts, interview witnesses, reconstruct the injury, etc. 

Assess Damages

Before filing a claim, the attorney will also want to know how you or your loved one has suffered due to the injury caused by the defective product. The extent of the injury will determine the kind of suffering you've experienced.

For example, if you got injured in a car accident because your brakes were defective, you may need multiple surgeries. You'll likely be unable to work for a few weeks or so to give your body enough time to heal.

You may also have lost important business deals because of your injury and endured great pain and suffering, emotional distress, etc. All these are forms of damages that may warrant the need for compensation. 

Identify the Liable Party

One thing you need to know about product liability cases is that more than one party might be responsible for your injuries. A skilled attorney will identify the liable parties, ensuring you maximize your claim. For example, if you get injured due to a car accident caused by a negligent driver and your brakes failed to work during the accident, you may have two cases.

Firstly, you may be able to file a car accident claim with the negligent driver's insurance company to seek compensation for the injuries caused by their negligence. Secondly, you may be able to file a product liability claim with the manufacturer of the brakes that failed.

File a Claim or Lawsuit

Once the attorney has identified the party liable for your injuries, they will file a claim with them. The other party can either approve or deny the claim. If they deny the claim, the attorney might decide to negotiate a reasonable settlement with them.

However, if the other party is unwilling to settle or negotiate, filing a lawsuit might be the best way to proceed with such a case. The attorney will prepare all the required documents for filing a lawsuit and also train you on what to expect when the case goes to court. 

During the hearing, the attorney will advocate for your rights and hopefully convince the judge or jury that you deserve compensation for your injuries. If you win the case, you'll be granted compensation for your injuries. If the court dismisses the lawsuit, the attorney will help you explore other legal options, including but not limited to filing an appeal. 

Florida is home to many product liability attorneys and law firms. However, you shouldn't work with just any law firm or attorney that pops up in your search results. 

Instead, you need to work with the best. Precisely, you need a law firm with extensive legal resources, proven experience handling these kinds of cases, and quantifiable results.

At Morgan and Morgan, product liability cases are part of what we do. Our experienced Titusville product liability attorneys can help fight for you or your loved one if injured by a defective product. We have helped our clients recover more than $25 billion as compensation for their injuries. You could be next. 

Not sure if you have a valid case? Fill out our free case evaluation form to have your case reviewed by a product liability expert.