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A Product Malfunction Caused My Injuries: What Do I Do?

  • When you buy a product from the store, you expect it to function properly. Even if it doesn’t meet your expectations, it likely never crossed your mind that the product could injure you or your family. Product manufacturers are supposed to test their products thoroughly before distributing them to the public. When you suffer injuries because of a product malfunction, you can sue.

    At Lopez & Humphries, PA, we have in-depth knowledge of product malfunction accidents and the laws associated with them. Civil claims for these accidents are called products liability cases. If you’ve been injured by a product defect, a personal injury lawyer in Lakeland can investigate your incident and use evidence to hold the responsible party accountable.

    Prove Liability for Your Injuries

    Proving liability for an injury that occurred from a product defect can be difficult. Because a product makes its way through many people before it ends up in your hands, you may need to perform a thorough investigation to determine who caused your product to malfunction. 

    For example, it’s possible that your product malfunction occurred because of an error in packaging. The store where you bought the product could also be responsible for the product defect if it was tampered with. If the product malfunction involved the construction of the product itself, then you can hold the product manufacturer responsible.   

    Negligence vs. Strict Liability

    There are two ways to file products liability claims for a product defect. You can try to prove negligence for your injuries by pinpointing the responsible party in your accident or you can sue the product manufacturer for strict liability. It may be easier to sue the manufacturer for strict liability because it's hard to determine who’s negligent and gather evidence to support your claim.

    In a strict liability claim, you can sue the manufacturer in a few ways. The manufacturer may be liable because they didn’t follow the intended design of the product, because they designed an unsafe product, or because they didn’t properly warn consumers of potential dangers associated with the product. 

    The court determines whether a product is defective in a strict liability claim using a consumer’s expectations test. 

    Damages You Can Recover in Your Products Liability Claim

    Regardless of whether you successfully prove negligence or win your case through strict liability, you can recover a settlement for financial and non-financial losses that result from your injury. Financial losses may include medical expenses, lost wages from being out of work, and property damage. Non-financial losses may include pain and suffering, emotional distress, and lost enjoyment of life. 

    Reach Out to a Lakeland Personal Injury Attorney

    Getting injured by a product malfunction can cause you to lose trust in products altogether. A settlement can help you return to normal life more quickly. To discuss your case with a Lakeland personal injury lawyer from Lopez & Humphries, PA, call 863-709-8500 to schedule a free consultation or visit our website for more information.