When you purchase a product, and it could be anything from gardening tools to baking supplies, you trust that it will be safe for its ordinary use. Generally, this is the case, but not always. Sometimes, products are defective, making them a waste of money and, worse, a safety hazard. If you have been injured due to a defective product, there is a very good chance you are entitled to financial compensation. Continue reading and contact a seasoned Indian River County product liability lawyer from Ullian Trial Law to learn more about these cases and how we can help if you’ve been injured.
Types of Product Liability Cases
When you are injured, the first thing your attorney will do is determine the liable party. You and your personal injury lawyer will establish exactly what caused the accident and who was liable for the injuries you have sustained. To recover the compensation you deserve, however, you must first prove that another party’s negligence is responsible for your injuries. This is not always easy, as there are several different parties who may be held liable in a product liability lawsuit. The main types of product liability cases are as follows:
- Manufacturer Defects: This is when the manufacturer deviates from the item’s originally intended and confirmed safe design. If you can prove you were injured because a manufacturer neglected to follow the item’s blueprints exactly, there is a very good chance you will recover compensation.
- Failure to Warn: Before a product reaches store shelves, it is the product’s company’s job to include clear, written warnings and instructions. If the instructions are vague, or the company neglected to include a clear warning about potential safety hazards the product may pose, and you were injured, you should have a valid personal injury claim.
- Design Defects: A design defect is when a product is flawed by design. Designers failing to account for user safety may be held responsible in a personal injury case. However, if you are seeking compensation in a design defect case, you will have to first prove that there was a safer, more feasible, and equally practical design that would still allow the product to function as it should.
Proving Your Product Liability Claim
Photographs and videos of the incident, its aftermath, or the negligently designed/produced product itself may help you win your claim. Additionally, you should obtain medical documentation regarding the extent of your injuries, which you can also use to help prove your claim. Above all, you should hire an experienced attorney who is more than familiar with the personal injury process so you can recover the compensation you need.
Compensation in a Defective Product Case
If your product liability case is successful, the law allows you to seek a variety of damages meant to make you “whole” again after your injury. In other words, the goal is to place you, as much as possible, back in the position you were in before the defective product disrupted your life. While no two cases are identical, and the types and amounts of compensation will depend on the specifics of your situation, many victims of defective products are entitled to recover compensation for the following:
- Medical Expenses, Past and Future: This includes everything from the ambulance ride to the ER to long-term physical therapy and follow-up appointments. If your injuries require ongoing medical treatment, surgeries, medication, or rehabilitation in the future, those anticipated costs can also be factored into your compensation.
- Lost Wages and Loss of Earning Capacity: If your injury has kept you from working, whether for days, weeks, or permanently, you can recover the income you lost. In more serious cases where your injury impacts your ability to earn a living going forward, you may also be entitled to compensation for diminished earning potential.
- Pain and Suffering: Injuries from defective products are not only physically painful, but they can also take an emotional toll. Pain and suffering damages account for the day-to-day physical discomfort, the mental anguish, and the disruption to your normal activities and quality of life.
- Emotional Distress: Beyond physical pain, some injuries can leave lasting psychological scars. Anxiety, depression, post-traumatic stress, and other emotional hardships caused by your accident can be compensable in a product liability case.
- Loss of Enjoyment of Life: If your injury has made it impossible for you to engage in hobbies, sports, travel, or other activities you once loved, you may be entitled to damages that reflect this loss of enjoyment.
- Property Damage: If the defective product damaged your personal property, for example, a faulty appliance causing a fire in your home, you may be compensated for the repair or replacement of the damaged items.
Importantly, ensure you file your claim within the state’s statute of limitations, which is typically two years. Waiting longer than this can result in you being permanently barred from suing.
Contact a Vero Beach, Florida Product Liability Lawyer
If you’ve been injured by a defective product, Ullian Trial Law is here to help. Contact a seasoned Florida product liability lawyer from our legal team today so we can begin building a comprehensive strategy on your behalf.
