Boca Raton, FL Product Liability Attorney
If a defective product caused an injury to you or to a loved one, Brian Schwechter can help. Over the years, our Boca Raton product liability attorneys have developed the necessary skills to guide our clients throughout their claims. We will fight aggressively to obtain the compensation you need following an injury caused by a defective product.
Let our experience, dedication, and skill work for you while you focus on recovering from your injuries. To learn more about all of our services and how we can further assist you, call Schwechter Law Group today at (561) 935-9243.
Common Causes of Product Defect Injuries in Boca Raton
As a consumer, you’d expect the goods you pay for are safe to use. Unfortunately, this is not always the case. Every year, thousands of unsuspecting consumers are severely injured by defective or faulty products. The most frightening fact about faulty products is that you have no way to know about any underlying danger until it’s too late. Most of the time, the dangers associated with a defective product are caused by any of the following: a defect in design, a manufacturing defect, or improper warning.
Defect in Design
Every product has to go through a designing phase before it is even created. This stage – as evident as it sounds – plays a critical role in how a product will ultimately function. A product’s design acts as the blueprint that will be used during the manufacturing process. An error during the design process taints everything related to the product moving forward. Depending on the nature of the product, a mistake in design can be fatal.
Defective tires are one of the most notorious examples of defective products responsible for multiple crashes, injuries, and death over the years. For instance, in 2000, the National Highway Traffic Safety Administration (NHTSA) opened an investigation related to a number of crashes caused by defective Bridgestone/Firestone tires. The cause of such defects began with an error during the design phase.
A manufacturing defect commonly happens as a result of an improperly-designed product. As we mentioned above, the product’s design will be the blueprint utilized during manufacturing. However, there may be errors made by the manufacturer despite having a well designed product. Other times manufacturing errors can also happen due to different factors such as tight scheduled deadlines, improper supervision, or quality control protocols. Ultimately, it is the manufacturer’s responsibility to make sure they are releasing a safe product onto the market.
Manufacturers have the responsibility of warning their consumers of any potential dangers associated with their product. This includes warning consumers of any foreseeable risks. Many consumers may not be aware of a particular, nonobvious danger related to their product. For this reason, manufacturers need to make sure consumers are well informed about the proper use and potential risks of incorrect use of their products. If a manufacturer fails to provide adequate warning, they would be liable for any injuries caused by their product.
Product Liability Claims in Boca Raton, FL
If you were injured by a defective product in Boca Raton, FL, you might be able to take the responsible parties to court. People who are injured by faulty products often file a product liability claim against the liable parties. However, this requires analyzing different aspects of your claim before you can move forward with your case. For instance, the first thing you will need to do is to establish liability.
Establishing liability in a product liability case can be tricky. Many times, there is more than one party responsible for making sure you are using a safe product. This means you can hold different people liable for any injuries caused by a defective product. For instance, the product’s retailer, wholesaler, and manufacturer can all be held responsible for injuries caused by their defective product.
Once you have filed your claim against the liable parties, you will need to show a set of elements with the court. These elements are as follows:
You Were Injured
In order to obtain compensation in a product liability claim, you must show that the defective product caused you harm. You will not be able to sustain your claim if you can’t prove you suffered harm. You can prove actual damage by providing evidence of any physical harm you suffered as a result of using the defective product.
The Product Was Defective
This is the stage of your claim where you can provide the reason(s) that made your product defective. For instance, you can claim your product was defective due to an error in its design, its manufacture, or there was a failure to warn you about any potential danger.
The Product’s Defect Caused You Harm
Proving the product’s defect caused you harm can be complicated depending on the circumstance surrounding your case. For instance, if you are arguing that your injury was caused by a defective tire, you will need to show that the tire’s defect was not apparent to you (the consumer). For example, you may argue that the error in your car’s tires was not evident to you, and, as a result of that defect, you suffered harm.
You Were Using the Product as Intended
You must have used your product the way the manufacturer intended. For instance, car tires are not meant to be used in a speeding track (unless they were made for that specific purpose). If you use regular tires to run your car on the tracks and they blow up, you may not have a claim. Conversely, if you were going to work and your tires tread separated and caused an accident, then you would have a valid claim against the liable parties.
Boca Raton Product Liability Attorney Offering Free Consultations
If a defective product in Boca Raton injured you or a loved one, we may be able to help. Thanks to our many years of experience, dedication, and skill, we are able to guide you through the entire claim. We understand the difficulties associated with a severe injury. We know how frustrating recovering from such a situation can be for you and your family. That is why we dedicate all of our efforts to defending and upholding your rights at all times. We will fight aggressively and strategically to get you the compensation you deserve. To schedule a free, confidential consultation on your case, call Schwechter Law Group today at (561) 935-9243.