Product Liability

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, including:

  • 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 instructions.

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:

  1. You suffered an injury or loss
  2. The product involved was defected in some way
  3. The defect in the product caused your injury or loss
  4. 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!

Contact Mandelbaum Trichler Law Center, P.A.

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