Every day, people are injured by defective products, such as automotive defects, children’s toys, appliances, tools and others. Injured consumers may make a claim against the manufacturer, distributor or seller of products. Such individuals and entities can be held liable for the damages that the consumer suffered if it is determined that the product was unreasonably dangerous.
Elements of a Florida Products Liability Case
The plaintiff must establish the following legal elements to be eligible to recover compensation in a products liability case:
- Defect – The plaintiff must prove that the product was defectively designed, defectively manufactured or had defective warnings that did not properly alert consumers to known hazards of the product.
- Injury – The plaintiff must also establish that he or she suffered an injury, such as a physical injury or economic loss.
- Proximate cause – The plaintiff must link the product defect and the injury by establishing that the defect was the proximate cause of the injury.
- Product was used as intended – Plaintiffs in products liability cases have an additional hurdle they must get past, which is to establish that they were using the product as it was intended to be used or in a way that the manufacturer could reasonably expect it to be used
Complexities of Products Liability Cases
Defective product cases are often complex and involve complicated legal or factual issues. An expert witness and testing may be necessary to establish how the defect occurred and caused the injury. Parties may be able to avoid the cost and expense of a trial by resolving their dispute in mediation.
