Personal Injury: Products Liability
Personal injury law in Florida protects the plaintiff's right to get compensation from the individual or organization responsible for the injury
. Personal injury law covers various fields one of the most important of which is product liability. When a person has been injured by a product, the product maker can be held responsible for the damage. The injured person can sue the product makers including the wholesaler, assembler, retailer or anyone else who has been involved in the production and distribution of the product. Product liability defendants may also include dealers who resell used products.Theories of Recovery
Personal injury law in Florida is quite complicated. There are three theories of recovery under which a plaintiff can bring a lawsuit. The theories applicable to product liability law include:
Theory of strict liability
Theory of negligence
Theory of breach of warranty
Product liability lawsuit can be based on any or all of the three theories. Each of the theories has its own advantage and disadvantage. Keep on reading this article to know about these theories in details.
Theory of Strict Liability
In Florida product liability lawsuit is most commonly based on the theory of strict liability. It can be described as liability without fault. Though the defendant's action may be reasonable, he or she needs to pay the damages if the plaintiff is injured due to the defendant's action. Strict liability was initially applied to an injury caused by an animal. However in 1963 it was applied in the context of an injury caused by a defective product. Since that incident the use of the theory of strict liability has been increased in product liability cases.
Since manufacturers can be only held liable for a defective product the plaintiff needs to prove that the product that caused the injury was defective. Strict liability encourages the manufacturers to produce products that are safe for the consumers.
The Theory of Negligence
Product liability lawsuits that are based on negligence are quite complicated to deal with. They are far more difficult than the strict liability lawsuits. An extra step is to be taken to file a lawsuit based on negligence. In such a case the plaintiff needs to prove that the defective product was a result of the defendant's negligence. Bringing a negligence issue can be only fruitful if the plaintiff can produce strong evidence of the defendant's fault.
Theory of Breach of Warranty
A contract gets formed when a consumer buy a product. A product usually comes with an implied warranty. However there may be instance when a product comes with express warranties. The implied warranty is actually implied on the sale of products by Florida law. The express warranty on the other hand indicates that the manufacturers make some promise about a good which is purchased by a consumer. The manufacturer can be sued for breach of warranty if the product fails to meet the conditions of the express warranty or doesn't fit for its intended use and the consumer gets injured by the product.
Whichever theory the injured person may wish to choose, it is crucial to hire a Florida personal injury attorney because handling the intricacies is impossible for a layman. If you wish to win the case counting on a lawyer would be a wise decision.
by: Daniel Williams Bp Hit With Fresh Oil Spill Personal Injury Claim The Phoenix Personal Injury Lawyer A Discussion About Hiring A Personal Injury Lawyer Removing The Trauma - A Personal Account Duties Of A Personal Injury Lawyer A Few Things To Consider About Hiring A Personal Injury Lawyer Do you want a personal car? Personal Trainer Fulham from jameshardypt.co.uk Orlando Personal Injury Lawyer To Help You Get The Justice You Deserve Badge Holders Can Be A Personal Way To Display A Fargo Id Financial Recovery For Personal Injury A Personal Injury Lawyer Is Best To Advise On When To File A Personal Injury Claim The Typical Process Before A Personal Injury Case Is Resolved