Manufacturers of products have a responsibility to ensure that their products are safe for use by the public is something our product liability lawyer Delray Beach FL admires,can help you navigate should you find yourself injured by a product. If a product is unsafe – whether it is because of a bad design, poor assembly or inadequate instructions or warnings – the product is considered to be defective and the law allows a claim to be brought by anyone injured by the product.
In Florida, the principle of “strict liability” applies to product liability cases. This means that the injured person does not need to prove actual negligence on the part of the manufacturer. As long as the injury victim represented by an experienced product liability lawyer Delray Beach FL counts on, can prove that the product was defective and that the defect was the cause of the injury, recovery can be sought under the doctrine of strict liability. This principle of law may also be used in a claim against the wholesaler and retailer of the product, as well as anyone else who handled the product in the “chain of commerce.”
In the addition to the principle of “strict liability,” another legal principle can sometimes be used to prove liability, in a defective product case. The principle is called “res ipsa loquitur,” which is Latin for “the thing speaks for itself.” In some cases where the failure of the product itself would not normally occur unless negligence existed, the court will apply this doctrine and the plaintiff is no longer required to prove that the defendant was negligent. Instead, the burden of proof shifts to the defendant and it must prove it was not negligent with respect to the design, manufacture or warnings provided for the product. Talk to a top product liability lawyer Delray Beach FL believes in, about your case.
In recent years, defective product cases, which are also known as “product liability” cases, have received significant media attention. Much has been written about potentially dangerous prescription drugs such as Vioxx, Bextra and Avandia, as well as other products which are claimed to be defective, such as certain motor vehicles (Ford Explorer – propensity to roll over), contaminated food products (salmonella in eggs) and children’s high chairs (made by Fisher-Price and which present a laceration hazard). A great source of information on potentially hazardous products is available through the U.S. Consumer Product Safety Commission.
If you or a loved one has been injured due to an unsafe product, please feel free to call our product liability lawyer Delray Beach FL trusts, to discuss your case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your accident and your rights.
Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification.
Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
An experienced product liability lawyer Delray Beach FL regards highly, can help you determine whether you have a valid claim.