Assessing Liability for Defective Product Damage

When an injury is the result of the use of a defective product, you may have the right to sue for damage recovery from the manufacturer, distributor or Auto Accident Lawyer West Palm Beach the seller. As per Florida laws, you may file a product liability claim against any or all of these parties to get a ‘fair and adequate’ compensation.
The first step in such a case is to assess liability. It may seem like an easy task. However, in most cases, it is not so. Something as simple as a defective car does not imply that the Success Fee Refund manufacturer, distributor or seller was at fault. May be a particular defective part in the car was the cause of the accident; in which case you have to identify that party to sue.
Only a competent personal injury attorney of Florida has the necessary team of experts to find the negligent party. If you just decide to sue the manufacturer, distributor or seller of the product, it may be a costly mistake. (The entity can actually sue you on grounds of defamation later)
If a product has a defect in the design itself, all objects manufactured according to this design is sure to be defective. This is a design defect. If there were a flaw in the manufacturing process, all objects belonging to a particular batch would have the defect. This is a manufacturing defect.
Another defect is the one in marketing the product. Any error or omission of a warning or instruction could be the cause of the personal injury. However, there is a significant factor to consider. These defects could only be grounds for claim if the user was not doing anything unforeseeable with the product.
Consulting a Florida personal injury attorney is also important to understand how the comparative negligence rule applies in your case. If one or more parties were responsible, you have the right to sue them all. If you can prove that their negligence was the cause of the injury, each pays according to the percentage of their fault.
Your personal injury attorney would also be able to tell you whether the contributory negligence rule applies to your case and hampers its scope. As per this rule, the amount of compensation you can recover for your injuries diminishes according to the amount of your fault for the incident.
You would also keep in mind the statute of limitations that gives you 4 years to file the claim.

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