Fort Lauderdale Product Liability Lawyer Explains
What's Needed to File a Product Liability Lawsuit
At Martin, Lister
& Alvarez we have been representing clients in Fort Lauderdale on product
liability cases for years. This is a special area of interest for us and we
have successfully tried cases both in state and federal courts ensuring that
manufacturers live up to their responsibility to provide safe products to the
public.
Product liability
can be tricky to prove so if you think you have a case make sure you engage a
law firm that has the experience and the proven
track record of success. That said, there are some basics you need to know
before you contact an attorney.
Product Liability Lawsuit versus FTC
Complaint
In order to file
a product liability
lawsuit you have to prove that the product is unsafe and
that the product caused an injury. Caused an injury is the key phrase here.
Nearly and almost don't count. If there is no real injury there cannot be a
lawsuit. A consumer can complain to the manufacturer, file a complaint with the
FTC or, probably more effective, share their story on review sites.
But let's assume
that a product did cause an injury, what causes are available to sue with?
This is where it
gets tricky and you need the advice of a product liability attorney. There are
four causes. The question becomes which to use in your lawsuit.
·
Strict
liability—The manufacturer must prove that their product did not cause harm.
·
Breach
of warranty—when the product did not perform or last as long as the
manufacturer's written warranty
·
Negligence
during development – This one requires significant technology resources to
pursue.
·
Breach
of duty to warn— there are very specific warning standards established in the
U.S. but we live in a global market and imported parts or finished goods may
not offer sufficient warning of a potential danger.
If you feel you have a
case, contact a professional firm with
the relevant experience to determine what your next step should be. Read more
