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When you purchase an item, you immediately assume that it’s safe for use. But sometimes, that’s not the case. If a defective product is responsible for a person’s death, a wrongful death claim for product liability may be filed against the product's manufacturer.
Product Liability
Product liability refers to the liability a manufacturer or seller has when they provide a defective product to a consumer. Product liability cases are usually brought up by families who have lost their loved ones or by consumers who sustained serious, preventable injuries due to a product’s defect.
Under Florida product liability statutes, plaintiffs can hold suppliers, distributors, manufacturers, and designers liable for any injuries caused by their products. The statute of limitations for product liability is four years from the date the injury occurred.
Wrongful Death
In a wrongful death case for product liability, it’s the plaintiff’s responsibility to prove that the product was the direct cause of death and that the deceased was using it properly. Proving liability for wrongful death can be complex, so hiring a wrongful death attorney to assist you with your case is recommended.
3 Product Liability Claims
Product liability claims funnel into three categories; manufacturing, design, and marketing defects.
- Manufacturing defects imply a product was defectively made during the manufacturing process. An example of a manufacturing defect is a car’s alternator with missing screws.
- Design defects mean the product was dangerous from the beginning solely based on the design and would be defective even if the manufacturing process was safe. An example of a design defect is an electric appliance that sets on fire when you plug it in.
- Marketing defects imply that the product lacked adequate instructions and safety warnings. An example of a marketing defect is a tobacco company failing to warn consumers of potential health risks.
Common Defective Products
Products in the automotive, children’s safety, and medical industries are more common in product liability lawsuits. Some examples of these products include:
- Seatbelts
- Defibrillators
- Car seats
Wrongful Death Lawyers
Navigating product liability on your own can be overwhelming, but we want you to know that we’re here for you. The team at Grossman Roth Yaffa Cohen can assist you by launching a full investigation into your loved one’s death to secure the financial compensation you deserve. If you’re ready to start your case, contact us today for a free consultation. Give us a call at (866) 629-1061 or fill out this form here.
