Today, different products and goods flood our markets, from refrigerators to motor vehicles and everything in between. As a consumer of these products, you likely assume that they will be safe to use. Unfortunately, businesses still sell dangerous and defective products despite consumer protection laws. Thousands of individuals suffer catastrophic or fatal injuries as a result.
Product liability laws allow victims to file suit against the parties responsible for their injuries. After an accident due to a defective or dangerous product, you should contact an experienced New Port Richey product liability lawyer like those at Lucas, Macyszyn & Dyer Injury Firm. With a lawyer on your side, you will not have to fight alone for the justice you deserve.
Lucas, Macyszyn & Dyer Injury Firm
Since our founding over 20 years ago, Lucas, Macyszyn & Dyer Injury Firm has provided personalized attention to our clients while fighting to resolve their cases.
As a result of our dedication and drive, our firm has grown considerably in the last two decades. Our legal team has secured millions of dollars for our clients through settlement negotiations and trial verdicts.
When you work with our team, you can rest assured that our attorneys and staff will give you the legal support you need to fight for the compensation you deserve.
What Is Product Liability?
Product liability refers to a seller or manufacturer being held responsible for placing a defective product into a consumer’s hands. Defective products have an unexpected defect or danger; in other words, they do not meet a consumer’s ordinary expectations for safety.
Most product defects fall into three categories:
A Manufacturing Defect
A manufacturing defect occurs when a product contains an unintended defect that departs from its intended design, making it more dangerous than consumers expect. For example, the defect might arise due to an error in the product’s assembly.
This type of defect usually happens in a small percentage of the company’s manufactured goods since it does not necessarily affect a whole line of products.
A Design Defect
A design defect occurs when a flaw or error in the product’s design renders it unreasonably dangerous for a potential user. This type of defect generally affects the entire product line instead of just one specific item.
A Marketing Defect
Marketing defects arise when manufacturers or sellers provide inadequate product instructions or warnings. If a manufacturer fails to warn consumers of a product’s hidden dangers, injured consumers can hold them accountable for their injuries.
Three Types of Product Liability Lawsuits You Can Bring in New Port Richey
If you sustained injuries in a defective product accident, you can use three common legal theories to pursue a product liability suit. Speaking with a knowledgeable products liability lawyer can help you decide which claims apply in your case.
A claim based on negligence alleges that the wrongful party negligently designed or manufactured a product, and the negligence caused the victim’s injuries.
To prove a negligence claim, the injured party must demonstrate that:
- The wrongful party owed them a duty of reasonable care; under the circumstances, such as making sure the product was safe to sell;
- The wrongful party’s actions breached this duty;
- The wrongful party’s negligence caused the victim’s injuries; and
- The victim sustained losses
Examples of manufacturer negligence include:
- Failing to test or review product plans adequately
- Failing to anticipate specific uses of the product
- Failing to warn consumers about nonobvious risks
- Failing to comply with manufacturing laws or safety regulations
- Releasing the product to consumers too hastily without sufficient testing
Consumers can also pursue product liability cases under the theory of strict liability. Under these types of claims, the injured party does not need to establish negligence. Instead, if a defect exists, they can hold the manufacturer liable for any injuries the product causes regardless of fault.
To hold a wrongful party strictly liable for injuries caused by a product, the injured party must establish:
- The wrongful party had responsibility for the product
- A defect caused the product to be unreasonably hazardous
- The defect caused the victim’s injuries
Breach of Warranty
Buyers rely on implied and express warranties when making purchases. There are two types of implied warranties. In an implied warranty of merchantability, a seller makes an implied promise that the consumer can use the product for the reason they bought the product. In an implied warranty of fitness, a buyer relies on a seller’s knowledge to buy a product for a specific purpose. If the product is not appropriate for the buyer, the seller breaches this warranty.
On the other hand, an express warranty is a statement made by the manufacturer or the seller regarding the product. If the buyer relies on the information to their detriment, the seller has breached the warranty.
Without help, you may struggle to figure out which of these complicated legal theories applies to the facts of your case. To get legal advice, reach out to an experienced product liability lawyer. The lawyers at Lucas, Macyszyn & Dyer Injury Firm can determine if you have a viable claim, explain your legal options, and help you fight for the compensation you deserve.
Types of Products That Can Injure You
Although any product might cause an injury that can lead to a lawsuit, some products tend to cause serious harm to consumers more often than others.
- Medical devices
- Motor vehicles, trucks, and other types of automobiles
- Pharmaceutical drugs
- Toys and children’s products
- Recalled products
- Swimming pools
This list is not exhaustive. If a dangerous or defective product injured you, contact a product liability lawyer as soon as you can. At Lucas, Macyszyn & Dyer Injury Firm, our legal team can help you figure out whether you can seek compensation for your accident.
Common Injuries Resulting from a Defective Product
Different defective products cause injuries that range in severity, sometimes inducing severe medical complications and substantial expenses.
Some of the more common injuries caused by defective consumer products include:
- Traumatic brain injury, broken bones, bruises, back or shoulder injuries, or death from defective auto parts
- Cuts, gashes, or even amputation from defective lawn care or home improvement tools
- Choking, crushed limbs, or burns from children’s toys
- Internal injury from faulty medical devices
- Electrical burns from kitchen or beauty appliances
- Severe, unlabeled side effects from medications or contaminated pills
Frequently Asked Questions Following a New Port Richey Defective Product Accident
After a defective product accident in New Port Richey, you may have questions about your legal options for pursuing compensation. This blog answers questions that clients frequently ask us after a product liability accident. We hope it helps you understand how a skilled product liability lawyer can help you seek damages.
What Types of Damages Can You Recover From a Product Liability Lawsuit?
If you sustained injuries in a defective product accident in Florida, you may seek both economic and non-economic damages related to the following losses:
- Medical costs
- Future ongoing care
- Lost wages
- Pain and suffering
- Mental anguish
- Limb Loss
- Loss of enjoyment of life
- Loss of consortium
However, the types of damages you can pursue and the extent of compensation you can seek often depend on the nature of the case. A knowledgeable product liability lawyer can analyze your case and determine which types of recovery you should go after.
Who Can I Hold Responsible for a Defective Product Injury?
Numerous parties may be liable in a defective product case, including manufacturers, retailers, and wholesalers. When it comes to holding these parties responsible, it is not about choosing one over the other. Since any party involved with the defective product can be held accountable, you must ensure you include all the parties in your claim.
At the top of the distribution chain is the defective product’s manufacturer. Manufacturers range from multinational companies to much smaller businesses that market or design a product.
A critical note about holding the manufacturer at fault: depending on the size of the defective product, the wrongful parties may include both the manufacturer of the defective part and the manufacturer of the entire product. For example, if a faulty battery injured you in a car accident, you could seek compensation from the manufacturer of the car and the manufacturer of the battery.
Although the store where you bought your defective product probably was not responsible for manufacturing it, the retailer can still be held liable for selling you the defective good.
You do not have to be the buyer of the defective product to pursue legal action against the seller.
Numerous wholesalers, distributors, suppliers, and other intermediaries connect manufacturers and retailers. Consequently, each of these parties is part of the distribution chain of the defective product and is potentially liable in a defective product lawsuit.
How Can the Lucas, Macyszyn & Dyer Injury Firm Help You Following a New Port Richey Product Liability Accident?
If a dangerous or defective product injured you, you have already been through enough. The last thing you want to worry about is preparing legal documents and securing evidence to prove your claim. When you retain an experienced New Port Richey product liability attorney, like those at Lucas, Macyszyn & Dyer Injury Firm, you do not have to take on this fight alone. Instead, a lawyer can handle the legal proceedings for you while you focus on getting the medical care you need.
Once hired, a lawyer can promptly review your case and determine the legal steps you need to take next. They can investigate the incident, securing the evidence required to prove what happened, who was at fault, and your damages. Your legal team can also prepare a strong case on your behalf to pursue a successful case outcome.
If a dangerous or defective product injured you or a family member, do not wait to retain legal help. Instead, contact Lucas, Macyszyn & Dyer Injury Firm online or at (727) 849-5353 today for a free case evaluation and let our attorneys show you how we can help.
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8606 Government Drive
New Port Richey, FL 34654