Products Liability – What to know about defective products or poor services that lead to injury and losses
-Can I sue a company after a product causes personal injury?
-Can a service provider be liable for injuries?
-What can I do if hurt because of a defective product or poorly rendered service?
These are common questions revolving around defective products and bad services. Continue reading for more insight on Products Liability Law.
The Miami personal injury lawyer, Jonathan Perazzo, explains Products Liability and what it means to consumers that are injured because of defective goods or poorly rendered services.
Christmas is known as the season of giving, and everyone looks forward to purchasing gifts and hiring services to make this holiday season all the merrier. From the time we were kids, we highly anticipate the moment of unwrapping our favorite presents and sharing gifts with our friends and families. But what happens when the gifts we give cause injury and lead to emotional and economic losses?
Products liability is the area of law governing cases and situations involving injuries from goods or services. This area of law is handled by a personal injury lawyer, who will represent the accident victim and fight for compensation through by filing suit against the manufacturer or service provider, who will most often carry insurance to safeguard against a potential lawsuit and cover losses incurred by the personal injury accident victim. An injury that falls under products liability can range from faulty brakes, unsafe furniture, dangerous toys, etc. If you, a friend, or loved-one has suffered personal injury from a defective product or poorly rendered service, continue reading on how to proceed by way of legal action.
Unfortunately, oftentimes large corporate manufacturers of consumer goods place the interests of investors over the safety of the consumer. The specific area of law governing injuries caused by consumer goods is known as products liability. Defective products can cause injuries from improper design, faulty manufacturing process and defective packaging. Most of the victims of defective products can seek to recover compensation under the theory of strict liability.
Strict liability is the favored approach to products liability because it does not require the injured party to show who was at fault, the injury caused by a product may be enough to recover compensation. However, there are other approaches to seek compensation, such as fraudulent misrepresentation, negligence and breach of warranty.
Manufacturers employ armies of lawyers ready to undermine your injury and your case. Very recently, a large manufacturer of assemble-at-home furniture was forced to recall furniture because of a series of injuries caused to consumers. In situations like these, the manufacturers immediately begin to build their defense against any claims for injuries. Oftentimes, their defense involves blaming the loyal consumer who purchased their goods. Pharmaceutical companies will blame by suggesting he/she did not follow instruction and proper dosage. Consumer goods manufacturer will argue the consumer did not use the goods purchased for the prescribed purpose.
In Miami, the personal injury lawyers at The Perazzo Law Firm, pride themselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the corporate industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.
As we are about to embark on the season of giving, gifts are soon to be exchanged between family members, friends, and co-workers. Some of the most popular presents for the holidays are technological gadgets meant to entertain us in our homes. Modern electronics consist of sophisticated parts manufactured by any number of companies. A defective electrical device can cause a fire and a serious personal injury. However, improper use or faulty installation can also play a part in the cause of the property damage or personal injury.
In cases of damage from a defective product several parties may share liability. Primarily, the liability may lie with the manufacturer of the product that malfunctioned. The theory of recovery in these cases would point to defective manufacturing process or defective design.
Additionally, liability may also be found with the seller of the product that caused damage or personal injury. Any entity selling a product, or providing warranty for the product, may share liability for any damages caused by that product.
Sometimes, a part or equipment that was perfectly designed and manufactured may still fail and result in damage to property or personal injury. Typically, in these situations improper installation may be the cause. If the company responsible for installation performs a subpar service, then liability may rest with that company. Moreover, the individual performing repairs or installation may also share liability for the damages caused.
When a party seeks compensation for injury or damage from the manufacturer of the product that was the cause, the manufacturer will often use improper use was the cause. In other words, the manufacturer will attempt to shift the liability for the damage on the injured party. The insurance company defending the manufacturer will use any evidence to suggest the owner of the product causing the injury used it for other than the intended purpose, which resulted in damage.
TIPS FOR AVOIDING FAULTY GOODS:
- Avoid products made of poor quality
- Don’t be fooled by fancy packaging
- Review products before purchasing them
- Read the safety instructions on the goods that are battery operated
- Read and follow the instructions for goods that require assembly
- Keep all goods that are not toys away from children
In the event of an accident, contact a Personal Injury Attorney at the Perazzo Law Firm in Miami-Dade, serving all South Florida residents.
The litigation process can be lengthy as the insurance company will use any defense to their advantage. It is important to understand your rights.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.
In Miami, the Perazzo Law Firm represents all South Florida residents and strives for the compensation deserved after suffering injuries and losses due to third-party negligence or wrongdoing.
Representamos con orgullo a la Comunidad Hispana