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Product Liability Claims and Legal Assistance

A product liability claim refers to the seller that is being held responsible for a defective product that was placed in the hands of a consumer. The responsibility for the product and any harm or injury that was sustained due to the defective product lies with the sellers of the product within the distribution chain.

A defective product can refer to any imperfection to an item, faulty instructions, inadequate product warnings, or any other issue that may ultimately cause danger or physical harm to the person who has purchased the product.

Legal representation is beneficial to have concerning any product liability claim because you will have to prove that you have suffered injuries or harm due to the product in question. To build a successful case, you will want to familiarize yourself with the laws concerning defective product liability and this is where an attorney can provide you with assistance.

Unless you experience an actual injury or monetary losses due to the product, then you may not have a case. Elements that are commonly included in a product liability claim include, but are not limited to, the following:

  • Using the product caused injury or harm
  • The product was defective
  • You were using the product as it was originally intended per the package instructions and warnings

Types of Defective Product Liability Claims

Defectively Manufactured
Some defectively manufactured products are flawed due to an error that occurred in their production. For example, a vehicle missing the brake pads or another critical element, or a food product that has been found to contain some other substance such as poison.

Defectively Designed
Defectively designed products are due to an error in the manufacturing process, but it is for the entire line, rather than one product. For example, there may be an issue with a part included in the manufacturing of a vehicle becoming defective.

Warnings and Instructions
If a seller fails to provide proper warnings and instructions concerning their products and the lack of these elements causes harm or injury, then you may be able to pursue a product liability claim. The injury would have had to occur, however, due to an issue that was not obvious to the user of the product. If they were not told to show particular care of diligence when using the product concerning one of its features and it harms the consumer, then they can claim they were not provided with proper warnings and adequate instructions.

Consumer Protection Laws

Consumer Protection Laws are put in place to prevent businesses from engaging in fraudulent activities or unfair practices to gain an advantage over their competitors. The Consumer Protection Laws are designed to protect the consumer from any fraudulent or unfair activity.

In the United States, several laws are at the Federal and State levels and are designed to regulate consumer affairs. The protection laws are typically enforced by the Federal Trade Commission, Consumer Financial Protection Bureau, the Food and Drug Administration, and the United States Department of Justice. Some federal laws include the Truth in Lending Act, Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

The state of Florida also has legislated requirements that any contracts should be written at reasonable readability levels so that the contracts may be better understood by the consumers who are signing them.

If you feel that you have a Product Liability case and want to seek compensation for the injuries sustained due to the faulty product, it may be in your best interest to seek legal representation for the matter.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Product Liability Claims and Legal Assistance

Goldman Babboni Fernandez
Murphy & Walsh

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