LawCall™ is a weekly, thirty minute call-in show about legal topics of interest. Each week, we discuss personal injury, auto accidents, truck accidents, medical malpractice, wrongful death, slip and fall, DUI accidents and birth injuries, as well as bankruptcy, family law, divorce, landlord and tenant law, dangerous and defective products, legislative matters, and current issues in the legal world. We take your calls LIVE every Sunday at 11:35pm. Call us at 1-877-525-LAWS (5297) during the show.
This Week On LawCall™ — Defective And Dangerous Products
Have you been injured by a defective or dangerous product? If so, you need to tune in to LawCall™ this Sunday, when Tallahassee personal injury attorneys Dana Brooks and Harry Graham will be explaining everything you need to know about meeting with a lawyer to explore the possibility of a lawsuit.
When a product hurts you, it’s natural to want to blame someone. But, who is actually at fault? The manufacturer? The store you bought the product from? Perhaps you are at fault for misusing the product. Product liability claims can be difficult and expensive to prove. If you’ve been injured by any product, from a child’s toy to a home appliance to a medication or medical device, you need to tune in to LawCall™ to learn what your next steps should be.
What is product liability?
Every year, thousands of people are injured by defective products. Since the onset of mass manufacturing, our laws have evolved rapidly to provide recourse for consumers who have been injured by defective products. Companies have a responsibility to make and sell a safe product, and if they fail in their duty they can be held liable. If you have been injured while using a product, you may have a defective product liability claim.
While the law varies from state to state, there are a few things that must be considered before filing a defective or dangerous product liability lawsuit.
Where you injured by the product?
You can’t sue for damages if you were not injured or suffered a monetary loss.
Is The Product Defective?
You must be able to prove that the product that injured you is defective.
Did The Defective Product Directly Cause Your Injury?
Your injury must be caused by the defect in the product, not by other factors
Were You Using The Product Correctly?
If you were not using the product as intended, and injury occurred, then the manufacturer is not liable for the injury. However, if your use of the product, while not specific to its intended use, is not an unreasonable use, then the manufacturer may be liable.
Was The Product Poorly Manufactured?
If you claim that the product is defective because of how it was made, you must be able to show how that process was flawed.
Does The Product Have A Design Defect?
Perhaps the product was manufactured correctly, but the design of the product is inherently defective. For a successful product liability claim, you must show that the design of the product created unreasonable danger. This can be a far more subtle and difficult claim, as some products have an element of danger to them (for example, air bags in cars) but the benefits far outweigh the risks.
Failure to Warn: Were You Adequately Warned Of A Hazard?
If a manufacturer or supplier did not provide adequate or sufficient warnings about the dangerous qualities of a product, or if that hazard is not obvious to the average consumer, then there might be a product liability claim.
The personal injury attorneys at Tallahassee Law Firm Fasig & Brooks can help you if you have been injured by a defective product. We will look at all the specifics of your case and help you determine if you have a product liability claim. If you’ve been injured by any product, give us a call at (850) 222-3232. An attorney is always available, day or night, weekday or weekend, to take your call.
LawCall™ features Tallahassee personal injury attorneys, Vinse Barrett, Jimmy Fasig, Dana Brooks, and Mark Nonni, plus guest attorneys from across North Florida who answer your questions on a different legal topic every Sunday. Long-time newscaster Frank Ranicky anchors the program.