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Holding Product Manufacturers Liable: What Must Be Proven?

Feb 23, 2018 | By , on Personal Injury.

In recent years, there has been a record number of recalls of motor vehicles. Cars are one of the most common products that must be recalled due to a defect, but they’re far from the only product that needs to be recalled when problems arise. In fact, products of all types could be dangerous and could prompt recalls or, even worse, these products could stay on the market despite the fact they’re harming people.  These dangerous products could include toys, medical devices, car seats, high chairs, furniture, and almost every other consumer project that you can imagine.

When products turn out to be dangerous, unfortunately victims are often hurt before the products can be pulled from the shelves. If a product causes a victim to suffer harm, it’s important for the victim or his family to understand the options for holding product manufacturers accountable. Miami product liability lawyers can provide representation to those who hope to take legal action after being hurt by an unsafe consumer product.

What Do You Have to Prove to Hold Product Manufacturers Liable?

Product liability claims arise under strict liability laws. This means the rules for claims arising out of defective products differ from other types of claims, such as car accident claims. If you sue someone after a car accident, when you’ve slipped and fallen on property, or in most other situations, you typically can prevail only if you prove the person you’re suing was unreasonably negligent. When you take action on the basis of a defective product, on the other hand, there is no need for you to address the issue of manufacturer negligence at all if you don’t want to.

While you can claim negligence on the part of the product manufacturer and argue the company that made the project was unreasonably careless in releasing a defective and dangerous product, strict liability rules mean a manufacturer can be held responsible even if the manufacturer wasn’t negligent.  Since you don’t have to prove negligence, there are a few other key things you must prove in order to recover compensation from a product manufacturer for injuries resulting from a product defect. You will need to prove:

  • That you used the product for its intended or advertised purpose.
  • That the product was defective or dangerous in some manner.
  • That the product caused you harm because of the defect or problem.
  • That you are entitled to compensation for specific losses related to your injuries, including financial loss, pain and suffering and emotional distress.

You can also make other arguments, including that the manufacturer negligently failed to warn you of the product’s dangers or was negligent in the design or manufacture of the product. But, because strict liability rules mean you do not have to prove negligence, it can be easier to prove your claim when a product hurts you.

You still may face challenges demonstrating both that the product was the direct cause of harm and the extent of your loss, so you should be certain to get the proper legal help.  Contact Miami product liability lawyers as soon as possible when you’ve been hurt by a dangerous product so you can take action.

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