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Tuesday, February 21, 2012

Understanding A Product Liability Claim

Understanding A Product Liability Claim Suppose you buy a car and while driving down from office to home, you encounter an accident. If you were at fault, you pay for the damages. If another hit you, he/she pays for the damages. What happens if the faulty brake in your car was the cause of the accident? You may be able to file a product liability claim.

Consult a product liability lawyer immediately to know whether you may sue the designer, manufacturer, or seller of the defective car, or car part(s). You need a legal practitioner with a clear idea about the Florida laws applicable on your case. What are the key elements to prove in the case? Here are the three prominent ones.

Defect in the product design, manufacturing, or marketing defect
Occurrence of injuries to one or more individuals
Causation between the defect and the injuries establishment of the relation

Note: The designer, manufacturer, or seller has an implied duty to design, manufacture, or sell a safe product.

One important thing to keep in mind is to preserve every bit of evidence relevant to the incident in Miami. Taking cue from the previous example, you would need to preserve the defective car/car parts as evidence. You would also need to maintain all records relating to the purchase, incident, injuries, and so on.

Most often, these cases involve complex scientific or technical details or statistical evidence. Therefore, expert analysis and testimonials may be necessary, especially to analyze and determine the defect in the product. Opting for a lawyer specializing in the specific category of products matching your case may be of help.

The complexity of the issue and the capability of your Miami Product Liability Lawyer are important factors affecting the outcome. These also have an impact on the time necessary to reach a settlement. Opt for a legal practitioner working on contingency basis to avoid increasing your financial burden.

If you are successful in proving that there was a defect in the product, and that led to the injuries, you may be eligible for damage recovery under the strict liability rule applicable in Florida. You may recover for medical expenses, wage and benefit loss, pain, suffering, and such other damages.

Availing the advice and representation of a competent product liability lawyer is necessary to ensure proper handling of the legal issue. Do not delay this; the statute of limitations gets over in four years.

Find proficient Lawyer Directory working in your area to deal with your case. Provide your information on this site and get to connect with individuals and businesses in search of legal help.


Allek Hall, a legal journalist, offers helpful details for legal issues concerning the product liability and injury laws. If you are looking for a Miami Product Liability Lawyer, he suggests you to visit http://www.conradscherer.com/

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