Defective Products & Auto Accidents
In certain cases, accidents are caused by defective or malfunctioning products. The law of products liability is the area of law that deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from use of that product. This includes the manufacturer of component parts of the product, the assembling manufacturer, or the wholesaler of the product, and any other party in the distribution chain.
Strict liability is the term used to describe situations in which a person or entity can be held liable for damages caused to another, even in the absence of negligence or other fault. Strict liability means “liability without fault.” Therefore, a person or entity is liable regardless of negligence or intent to cause the harm. The law often imposes strict liability to manufactured parts or products, under the law of products liability. Strict liability claims do not involve proof of whether or not someone acted reasonably or used appropriate care in manufacturing a certain product. Translated to products liability terms, a defendant in a products liability claim will be held liable for damages to a plaintiff if it is found that the product is defective, regardless of the level of care the manufacturer or supplier exercised during the design and manufacturing process. As such, a plaintiff does not have to demonstrate that the manufacturer of the product or its component parts was negligent or careless, only that:
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A defect in the product caused the accident.
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The product was being used in a manner consistent with the way it was meant to be used.
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The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.
When making a claim for strict liability in a products liability case, it is necessary to prove that the product was defective by proving that it was “unreasonably dangerous for its intended use” as a result of a defect. In general, the following types of defects may render a product unreasonably dangerous:
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Manufacturing Defects: These occur when there is an error in a product’s manufacture or assembly. Manufacturing defects typically occur in a relatively low number of units of a given product because the defects occur at different stages of the manufacturing process. Any number of problems can occur during production and assembly of a complex product – a screw may not be adequately tightened, a bolt may be missing, wires may be crossed, or pieces may be incorrectly soldered. As a result, the product or component part comes off the assembly line in defective condition.
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Design Defects: This occurs when an injury results from faulty product design. Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always come out of the factory in a dangerous condition.
In order to prove a product defect, the experienced attorneys at Lucas, Green & Magazine must undertake an exhaustive review of all factors involved in the accident. Call 1-800-4-INJURY today for a free initial consultation.
The Automobile Accident information offered by greater Tampa Bay area Automobile Accident Lawyers and contained herein, regarding Automobile Accident statutes and Pasco, Pinellas, and Hillsborough County, Florida Automobile Accident claimants' rights, is general in scope. No greater Tampa Bay area Auto Accident attorney / client relationship with our greater Tampa Bay area Automobile Accident attorneys is hereby formed nor is the information herein intended as formal legal advice. See terms of use. Please contact Pasco, Pinellas, and Hillsborough County Automobile Accident Lawyers at 1-800-4-INJURY regarding your specific inquiry if you are injured in Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, Town of St. Leo, Zephyrhills, Bayonet Point, Beacon Square, Blanton, Crystal Springs, Dade City North, Elfers, Holiday, Hudson, Jasmine Estates, Lacoochee, Land O' Lakes, New Port Richey East, Odessa, Saint Joseph, Shady Hills, Trinity, Wesley Chapel, Wesley Chapel South, Zephyrhills North, Zephyrhills South, Zephyrhills West, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, Seminole, South Pasadena, Pete Beach, St. Petersburg, Tarpon Springs and Treasure Island, Florida. |
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