Product Liability and Defective Product Claims
Every year, thousands of people are injured due to malfunction or manufacturing defects. Whenever an individual suffers any type of injury due to a product they’ve used, the company responsible must be held accountable. Product liability covers any product that is involved in accidents due to some malfunction of the products original purpose. The law is in place to protect consumers from these harmful or defective products.
When you suffer an injury caused by a defective product, working with experienced South Florida defective product attorneys will help you prepare the right claim for your case.
Breach of Warranty: Many products come with written warranties. However, some products are subject to warranties implied by law. These are usually the warranty of merchantability, which is usually implied unless expressly disclaimed by name such as “with all faults,” meaning they are being sold as they are. Another one is the warranty of fitness for a particular purpose, which is implied when you rely upon the seller to select the goods, for example, when you request snow tires and receive. Or the warranty of fitness for a particular purpose, which is implied when you rely upon the seller to select the goods, for example, when you request snow tires and receive tires that are unsafe to use in the snow. If in any situation, a product fails to meet the terms of any of these warranties, a breach of warranty occurs and might provide the basis for a product liability claim.
Negligence: When we talk about a company’s negligence, we’re talking about their failure to take reasonable care to prevent injury to others. Negligence claims can be tied to design defects, the manufacturing process, the security or inspection process, and even the negligent marketing of a product.
Strict Liability: Sometimes, the sale of defective products can be liable on a “no-fault” basis, which means a plaintiff does not need to prove negligence, but only to prove that an injury occurred due to the manufacturer’s faulty product. In this case, inadequate instructions, flawed design, or the use of poor materials can all be considered to file a claim.
Every year, many products are recalled due to defects or safety concerns. From motor vehicles and medicines to infant cribs, or failure to warn about possible defects, all products are subject to defective issues. As consumers, we have the right to demand these companies are held accountable for their faulty products and the injuries they caused.
Product Liability and Consumer Safety
Build Your Product Liability Legal Defense Team
If you or someone you know has been injured due to a defective product, the first step is to contact a product liability attorney to help you determine if you have the grounds for a claim. This is a complex process that requires the assistance of a qualified lawyer. Navigating a product liability claim can be challenging since, in many cases, companies are in different locations or countries.
Defective product and product liability claims can be filed by individuals or as part of a class action or multi-district-litigation. Determining if you should join a class action or file an individual claim can also be complex. Our product liability attorneys can help you navigate the complex legal and factual issues common in these claims to make sure your rights as a consumer are met and respected.
Working with a Product Liability Attorney in South Florida
At LJ Law Group, we believe in defending the consumer against negligent companies that failed to provide a safe product. Our legal team will be with you every step of the process, from navigating legal deadlines, investigating the facts, coordinating litigation, medical attention, and more.
If you or someone you know has been injured due to a defective product, contact us at 954-597-6770 or online to schedule your complimentary consultation. The journey to the compensation you deserve starts today.