If you’ve been injured by a defective product, you might wonder whether you can sue the manufacturer for your injuries. The short answer is yes, as long as the details of your case meet the requirements.
You can sue for damages from a defective product in most cases—but it isn’t that simple. There are many factors to consider when determining whether you should proceed with a lawsuit after being injured by a defective product.
If you have been hurt by a dangerous or defective product, here’s why suing might make sense for you and what to think about before deciding on this course of action. You should know that suing could be the best way to recover fair compensation after an accident resulting from a manufacturer’s negligence.
What Constitutes a Defective Product?
A product is defective if it is unreasonably dangerous for its intended use. This means that the product is unreasonably dangerous given both the state of knowledge and technology at the time it was created and the likelihood that the product could cause harm to the user.
There is no strict rule for determining what constitutes a defective product as all products are capable of causing injury to some degree. In the state of Florida, a product can be deemed defective under liability law if the instructions from the manufacturer are insufficient. That said, each case will depend on a variety of factors, including the product itself and its defects, how it was used, and the extent of any resulting injuries.
It is important to note, however, that a product liability lawsuit will not be successful unless you can prove that the product’s defect caused your injury. You must also show that the defect existed before the product was sold to you.
Who Can Be Held Responsible for a Defective Product?
In most cases, the manufacturer is responsible for defects in its products. In some cases, the designer, distributor, retailer, or even the manufacturer’s employees might be seen as responsible for damages resulting from a defective product. That said, most of the liability falls upon the manufacturer itself. If a defective product injures you, you can sue the person or company responsible for the product’s defect.
When you’ve been injured by a defective product, it’s important to speak with a personal injury lawyer and get an estimate on how much money you could receive in compensation by suing the manufacturer.
How to Prove That a Defective Product Caused Your Injuries
There are several ways to prove that a defective product caused your injuries. You could show that the product was dangerous when you were using it, that you were using it as intended, and that you were injured while using the product.
You can do this by providing evidence that the product was unreasonably dangerous when it left the manufacturer’s hands and was put on the market for sale. This might include the manufacturer’s product testing and quality control reports, photographs of the product, and even expert witness testimony.
It’s important to be able to show that you were using the product as intended. In some cases, the manufacturer is able to defend against product liability claims by arguing that the user was not using the product properly.
For example, if you are injured by a chainsaw that jumps out of the bolt and hits you while sawing at an improper angle, the manufacturer might argue that you should have been wearing protective gear, like a helmet and eye protection while using the chainsaw. Furthermore, they may try to argue that the injury is your own fault. In these cases, you should be prepared to provide evidence showing that you were using the product as intended.
Why You Should Sue After Being Injured by a Defective Product
There are many benefits to filing a lawsuit after being injured by a defective product. Chief among them is that you will likely receive compensation for your injuries. If you are successful in your lawsuit, you might be able to recover financial damages such as medical bills.
You can recover the costs of any medical care, treatment, and prescriptions related to your injury. You can also recover compensation for any lost wages or lost earning capacity caused by your injury.
In some cases, you can win much more money than you lost in terms of direct costs related to the accident which is where physical pain and suffering come in. You can receive compensation for any physical pain or psychological suffering related to your injury. This could include things like anxiety, fear, panic, and emotional anguish.
Wrapping Up: Is Suing Worth It?
Being injured by a defective product is frustrating, scary, and confusing. When these things happen, it’s easy to feel overwhelmed and unsure of what to do next. There are many options for resolving product liability claims, including filing a lawsuit against the manufacturer. While suing is a sound way to recover damages for your injuries, it isn’t easy and you’ll need a good lawyer to get results.
Depending on your case, it might be a long and difficult process to win. With all of this in mind, it is important to understand that suing for damages is not something to rush into.
Have You Been Injured by Defective Product? Call Anidjar & Levine!
Innocent customers shouldn’t have to worry about whether a product will injure them or not. They should be able to make a purchase in good faith, however, this isn’t always the case. People are injured by defective products all of the time, and when they are, they call a personal injury lawyer. Anidjar & Levine has fought countless battles against the manufacturers of defective products and won, give us a call.
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