From medical devices to toys and automobiles, products sold to customers don’t always live up to their intended use. When an injury results because of some defect inherent to the product or workmanship, a victim may have grounds to file a claim to gain compensation. West Palm Beach product liability lawyer Stephen J. Press has four decades of experience serving clients who were injured in the use of such products.Types of Defects
There are three basic kinds of lawsuits that may be brought in a product liability case: defect in design, in manufacture, or in warning. A case may incorporate one or more of these types.
- Defective Design: “Unsafe at any Speed” was a nightmare for General Motors in the ‘60s. One of their most popular cars, the Corvair, was claimed in this book to be defective in design to the extent that drivers’ very lives were in danger. The car maker eventually ceased manufacture of the Corvair.
Defective design cases hold that the engineering of the product was faulty to the extent that the product is unsafe. Class action lawsuits often emanate out of defective design claims.
- Defective Manufacture: When a manufacturing process is faulty, or procedures are not followed, a claim may be brought for defective manufacture.
- Defect in Warning: One may wonder at the obviousness of some of the safety labels on products these days, but this is due to defect in warning lawsuits. If a product poses injury risk, the manufacturer must place warning labels on the product and/or its packaging. Companies are also required to provide adequate instructions on safe use and handling of the product.
When presented with a product liability case, West Palm Beach product liability lawyer Jessica Mishali must first assess which of the above types of defects apply. From this he will determine which of four legal applications to use: strict liability, wrongful death, negligence, or breach of warranty. A manufacturing defect case will likely be handled under laws of negligence, while a design manufacturing defect case will be pursued under Florida’s strict liability statute.Call a West Palm Beach Product Liability Lawyer for Assistance
If you have been injured while using a product and you believe the company is liable under one of the above provisions, attorney Jessica Mishali would like to meet with you. Call for a free consultation today at (561) 833-2772.