The Villages Defective Products Lawyer
Injuries caused by defective products can be serious, with potentially lifelong effects. Products are usually defective because of manufacturing defects, design defects, and warning defects (i.e. failure to warn). When a product is deemed defective and you sustain physical injuries and damages as a result, you may be eligible to pursue monetary recovery.
A defective products lawyer in The Villages could review your case and help you to prove the legal elements necessary for compensation. A successful civil case may be able to help you cover your economic and non-economic damages, including medical bills, lost wages, pain and suffering, mental anguish, emotional distress, and loss of consortium, among other damages.
Manufacturing defects are typically caused by an error in the assembly process. If a manufacturing defect is present, the manufacturer may be held strictly liable for the product defect, regardless of fault.
In order to prove that a manufacturing defect exists, the injured consumer must be able to show that the product was defective when it entered the “stream of commerce.” In other words, the defect must have been present at the time the product left the factory where it was produced.
A design defect is a product flaw which causes a product to be unreasonably dangerous or hazardous for potential consumers. A design defect may be determined by a civil court to exist if:
- The product’s design was unreasonably dangerous
- A potential consumer would be able to anticipate that the product’s design might cause injuries or damages
- The manufacturer of the product could have come up with a reasonable, economically feasible alternative design for the product which would have eliminated the hazard altogether
A product’s warning label must be easy for consumers to read and understand, and it should be placed in an area where consumers can both locate and appreciate it. A product warning may be insufficient if any of the following is true:
- The warning does not inform potential consumers of existing product hazards
- The warning does not inform the consumer of the severity of risk associated with product use
- The warning does not inform the consumer about the possible effects of the hazard
- The warning does not inform the consumer about how to avoid the hazard
Proving Liability for a Defective Product in The Villages
In cases where a consumer is injured by a defective product, the injured consumer may be able to pursue legal recovery against a product manufacturer or distributor by alleging negligence, strict liability, or breach of warranty on the part of the manufacturer or distributor.
In order to prove negligence, the injured consumer must show that there was a duty to manufacture, sell, or distribute a safe product, but that the manufacturer or distributor breached this duty of care. Under a strict products liability theory, the injured consumer only needs to prove that a product defect exists – and that an injury resulted.
Under a breach of warranty theory, an injured consumer may be able to recover compensation when a manufacturer or retailer fails to stand by express or implied warranties associated with product use.
Call a Villages Defective Products Lawyer Today for Legal Help
If you have sustained injuries because of a defective product, you may be entitled to recover monetary compensation. A knowledgeable Villages defective products lawyer could help you explore potential legal avenues of recovery, file a lawsuit, prove your case, and represent you throughout your entire case.