Delray Beach Product Liability Lawyer
Get the Help You Need After Being Injured By a Defective Product
Every consumer in Delray Beach, Florida should feel safe purchasing and using products designed for consumer use, from household furniture and appliances to medications and auto parts. Yet for a variety of reasons, consumer products can be defective and may cause serious injuries. When a company learns about a significant defect that is causing consumer harm, it will usually initiate a recall. However, recalls often do not occur until injuries have been reported, and consumer harm can continue to occur even after a safety recall has been initiated.
If you or someone you love need assistance with a defective product claim, one of the experienced Delray Beach product liability lawyers at Smith, Ball, Báez & Prather can assist you. Call us at 561-500-HELP for a free initial consultation.
Understanding Product Liability
Florida law defines a product liability action as a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.
In general, there are three different kinds of product liability claims that may arise out of these types of defects:
- Design defect: There is something defective about the way the product was designed or formulated, or something defective about the design of one of the products components or parts. No matter how carefully the product is made, it will always be defective because there is a design defect.
- Manufacturing defect: A defect occurred when the product as a whole or one of its components or parts was being manufactured. There is nothing inherently defective about the product, but there is a defect in the way it was manufactured.
- Marketing defect, or failure to warn: There is nothing defective about the way the product was designed or manufactured, but there is something defective about the way the product was marketed. This type of defect is sometimes known as a failure to warn because it may involve a marketing failure to warn about risks associated with using the product. For example, a household cleaning product might fail to warn users about potential harms associated with its use on its label. There is nothing wrong with the product itself, but there is something defective about the way the product has been marketed.
Statute of Limitations in a Product Liability Claim
If you or someone you love suffers an injury from the use of a consumer product, Florida law gives you two years from the date of the injury to file a lawsuit seeking compensation. The time window for your lawsuit begins on the day you sustained the injury, and the time window will remain open for two years. If you do not get your claim filed within that time window, you will be barred from filing a lawsuit later on.
Contact a Delray Beach Product Liability Attorney
Were you injured by a defective product? You may be eligible to file a claim for compensation, and a product liability attorney at our firm can help.
Do not hesitate to get in touch with us if you have questions or concerns about seeking financial compensation. Contact Smith, Ball, Báez & Prather for more information about our personal injury services.
