Proven Defective Product Lawyer Serving Winter Garden & Orange County Personal Injury Victims
There are many state and federal laws that govern the design, manufacture, and sale of consumer products in order to protect the public. Unfortunately, whether by simple human error or a failure to ensure safety, some products go into rotation that are not actually safe for use. When this happens and someone becomes injured as a result, they may be able to pursue a defective product personal injury lawsuit. If this has happened to you, Cressman Law Firm, P.A. can help you defend your case and collect monetary compensation for your injuries.
Defective Product Statutes
When a consumer is injured by a defective product, it is necessary to determine what caused the product to be deemed unsafe before we can move forward with a personal injury claim. Under the law, the type of defect must be considered and proven to be one of the following:
- Design Defect: The original design of the product rendered the product unsafe & could have been prevented through a modification
- Manufacturing Defect: The original design was safe, but something during the manufacturing stage rendered the product unsafe & could have been prevented through a process modification
- Marketing Defect: The product was inherently safe, but the way the product was marketed instructed consumers to use the product in an unsafe way & could have been prevented through marketing modifications, different safety warnings, or appropriate labeling
In order to pursue compensation for defective product injuries, we must be able to prove beyond reasonable doubt that a change in either the design, manufacture, or marketing would have made this product safe to use as intended. If we can’t identify which type of flaw made the product dangerous, we will not know who to file a claim against and be able to proceed.
Once we are able to determine if the defect was caused by its design, manufacture, or marketing, we will be tasked with proving that it was not your error that led to your injury. This means we must provide evidence that demonstrates:
- You acquired the product in new and/or perfect condition, e.g. unbroken or altered
- You used the product only for its intended use
- You followed all instructions for safety and usage
- You did not know the product would cause you harm
- Your injury was a direct result of using this product