Know how to defend yourself in a product liability claim

Damages caused because of a product may initiate legal proceeding against the manufacturer or the seller

. As per Florida laws, manufacture or sale of a defective product is an offense. The state adheres to the strict liability' rule. According to this, an entity could file a lawsuit on the grounds of injuries caused by a defective product. In such a case, he/she need not prove that the manufacturer or seller was negligent.

What is the right thing to do if you encounter such a lawsuit? The first and most important step is to consult a competent defense attorney practicing in Fort Lauderdale. Only he/she can formulate a strategy to defend you. There may be three major defects in a product design defect, manufacturing defect and defect in packaging/labeling.

The defense strategy depends on what type of defect the product has. Here is a concise guide to some of the common strategies in use. Your defense attorney is best suited to decide on which one of these to use.

Modification There were substantial changes done to the product after it left the manufacturer's control. If the consumer made considerable changes to the original product, these changes were not foreseeable by the manufacturer or seller, and these were the cause of the injury, it is not the manufacturer/seller's fault.

Improper Use If the plaintiff uses a product in an unintended way that was not foreseeable, the defendant, i.e. the manufacturer/seller is not responsible for the injury. Suppose an individual stand on a glass table to reach something. If the tabletop caves in and injures the individual, it is the victim's fault. Your defense attorney can easily build up a good case in such a situation.

Negligence of Warning Suppose you bought prescription pills with enteric coating from a Fort Lauderdale pharmacy. Though there are instructions of not to split the tablet into halves, you neglect the warning. In such case, the manufacturer or the pharmacy cannot be held liable for any damage caused when you consume these tablets.

Common Knowledge When common knowledge about the dangers of an object is there, no other warnings are necessary. A razor does not come with a warning about its sharpness here sharpness is a quality and not a defect.

Common Knowledge (in case of particular users) Some products are meant for use only by professionals. If a professional fails to gauge the danger of working with a potentially dangerous product, it is considered as his/her negligence.

These are just some examples of situations where yourFort Lauderdale Defense Attorney can help you out. However, it is always better to talk to an attorney and find at 800 Fort Lauderdale Lawyers Directory. Each case is different and what works for one may not work for another. A legal professional can help formulate a defense strategy suitable for your case and get you out of the mess.

Know how to defend yourself in a product liability claim

By: Allek Hall

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