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When Products You Purchase Cause Injury

Liability3

Consumers make purchases every day, with the reasonable expectation that the product will serve a particular purpose without causing harm. Yet there are all kinds of products on the market that prove to be unsafe for consumers. When you encounter merchandise that results in serious injuries, what recourse do you have? A personal injury lawyer can help you know how to proceed. But you should be aware that plenty of lawsuits result in sizeable damages for plaintiffs:

  • DePuy Orthopedics Inc. faced a verdict of nearly $5 million after hip implants resulted in injuries to patients.
  • Johnson & Johnson was ordered to pay over $125 million in damages related to ovarian cancer that was linked to the use of talcum powder.
  • Philip Morris lost a battle related to its tobacco products and was stuck with a $28 million punitive damages bill.
  • Dow Corning paid out $2 billion to customers who experienced serious health impacts after receiving silicone breast implants.
  • General Motors was sued for $4.9 billion after defects in gas tank designs resulted in fatal explosions.

Defective Product Litigation

The fact of the matter is, manufacturers must be held responsible for putting products on the market that result in injuries to consumers. In fact, Florida’s Supreme Court has determined that a consumer-expectation test is a fair way to analyze whether or not a case has merit. In other words, does a product meet the safety expectations of a reasonable consumer during normal use? If it does not, it could be argued that the product is excessively dangerous, and a plaintiff may be entitled to damages.

Beyond that, the courts have found that even if the product was not used as intended, if that use could have or should have been anticipated or foreseeable, there could still be a case for liability.

And the manufacturer may not be the only one on the hook for a dangerous product: retailers and wholesalers can also be found liable in a defective product suit. The question is, was there negligence, or is it a strict liability issue?

Types of Product Liability Suits

According to statute, negligence can be pursued in a civil action when a percentage of fault for an injury can be attributed to negligence in the production or design of a product. Economic damages related to lost income, both past and present, among other damages, might be awarded.

Strict liability cases revolve around the theory that the product, whether through negligence or some other avenue, caused injury. The injury deserves compensation; therefore simply drawing a line from the product to the injury is sufficient, regardless of negligence. Included in this type of suit could be breach of warranty or other theories related to injuries caused by defects in the product.

When a Defective Product Causes Injury

American homes are filled with a multitude of products from toys to kitchen aids to electronics and everything in between. If you find yourself facing hospital bills due to a product malfunction, contact the experienced product liability team at Scoma Law Firm in Clermont. We will work aggressively on your behalf. Call us for a free, confidential consultation today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

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