NEGLIGENCE DEFECTIVE PRODUCT CLAIMS
Many product liability claims arise from the negligent actions of the product’s manufacturer. A manufacturer is legally obligated to take reasonable care in all aspects of the creation of a product to ensure that it is safe for use by consumers. If the proper use of a product poses a danger to the consumer, the manufacturer and seller are legally required to adequately warn consumers of this danger. When manufacturers and sellers fail to meet these obligations, they may be found guilty of negligence.
The following actions may cause a product’s manufacturer or seller to be found guilty of negligence:
- Defective design of the product
- Failure to properly test and inspect the product
- Failure to provide adequate instructions, warnings, and labels on the product
- Failure to issue a recall on a product when it has been determined to pose a danger to consumers
Sometimes products may become defective due to negligence in maintenance or repairs. This is common in defective product lawsuits involving the operation of heavy machinery. In these cases, the party responsible for reasonable maintenance and upkeep of the machinery can be held liable for negligence in the product’s malfunction.
In order to successfully win your negligence claim, you must be able to prove four points:
- The manufacturer owed you a duty of care. You must be able to establish that you had a relationship with the manufacturer and that you were owed a duty of care. The consumer/manufacturer relationship implies that the manufacturer owes you this duty of care.
- There was a breach of this duty of care. There are two ways to prove a breach in the manufacturer’s duty of care. If the manufacturer knew that the product posed a danger to consumers and failed to take steps to correct the problem or if the manufacturer did not realize that the product posed a danger but a “reasonable and prudent” person would have recognized the risk, then the manufacturer has breached this duty of care.
- You suffered an injury, loss or damage. If the manufacturer breached its duty of care to you but you did not suffer any injury as a result, then you will not be able to win your negligence claim. In order to receive compensation, you must prove that you suffered damages.
- Your injury was caused by the manufacturer’s breach in duty of care. It is not enough to simply prove that you suffered an injury. You must be able to successfully prove that your injury was directly caused by the manufacturer’s negligent actions.
The Michael Barszcz, M.D., J.D. Difference
Orlando Product Liability Attorney, Michael Barszcz, M.D., J.D., earned a medical degree from the Brown University Medical School and a law degree from the University of Florida College of Law. He has more than 24 years of experience as a civil trial attorney and has recovered more than $100 million dollars for his clients. Mr. Barszcz has obtained many multi-million dollar verdicts and settlements.
If you have a defective product claim, please contact the Law Offices of Michael Barszcz, M.D., J.D. today for a free defective product lawyer consultation. We serve clients throughout the state of Florida and in the Orlando, Florida area.