Tampa Product Liability Lawyer
Injured due to a faulty or defective product in Tampa, FL?
Product liability law involves a manufacturer or product seller being held
responsible for a defective product that was made available to consumers.
There are several different parties that can be liable for a faulty product,
- The manufacturer of the product
- The manufacturer of parts that made the product
- The wholesaler of the product
- The retail store owner
The laws regarding product liability vary by state; there is no federal
law to regulate product liability. If you have been injured due to a defective
product or have questions regarding Florida law, contact a Tampa personal
injury lawyer from Mandelbaum Trichler Law Center, P.A.
Various Types of Product Defects
There are three different types of defects that can lead to an injury.
The first is a design defect; this would involve a flaw in the overall
design of the product that makes it dangerous. People come up with odd
ideas for products and sometimes the design is unreasonably dangerous
and can lead to injuries. The second type of defect is a manufacturing
defect. This involves a product design that is reasonably safe, but there
was an error in manufacturing the product. If the product does not follow
the design or standards in place for the product, there can be a manufacturing
defect. For this defect, the injured victim does not actually need to
show negligence of the manufacturer, just that there was a flaw in the
manufacturing. The last type of product defect is a marketing defect.
This defect can occur with an improper label, warning failures or inadequate
How to Prove a Defective Product Liability Claim
Generally when filing a product liability lawsuit, the plaintiff will need
to prove all of the following:
- You suffered an injury or loss
- The product involved was defected in some way
- The defect in the product caused your injury or loss
- You were using the product in the way it is intended to be used
When showing that you suffered an injury, it has to have actually happened.
You cannot file a claim for something that
almost happened. In proving that the product is defective, an investigation into
the design, manufacturing and marketing will be conducted. This will help
determine where the product went wrong and why. The defect in the product
must have been the direct cause of your injury. This means that getting
injured while using the product is not sufficient. An outside factor injuring
you does not suffice for a product injury claim. It must be proven that
the injury was caused by the defect in your case. Lastly, it is important
that you were using the product as it should be used. If you were trying
to use a product for an action it should not be used for, the injuries
may be your own fault. This part of the claim is the most subjective because
there are not exact specifications on how and when to use a product. There is a
reasonable expectation at play that considers what an ordinary customer would use
the product for.
Contact Mandelbaum Trichler Law Center, P.A. for Representation!
Injured due to a defective product in Tampa, FL? Team up with a Tampa product
liability attorney from our firm. We are familiar with the court proceedings
involved in a product liability claim in Florida. Our lawyers have nearly
25 years of experience in personal injury law and can help in your case.
Call Mandelbaum Trichler Law Center, P.A. today to schedule your
free case evaluation at (813) 862-1029!