Kurzban Kurzban Tetzeli and Pratt P.A.
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What options do I have if I am injured by a defective product?

Unfortunately, unsafe, defective and dangerous products result in thousands of injuries each year in the United States. Victims injured by a dangerous product may wonder what options they have when they have been harmed. Fortunately, a special area of the law referred to as products liability law protects victims injured by an unsafe, defective or dangerous product.

When a product does not meet the ordinary expectations of a consumer, the product may be considered a dangerous product and the manufacturer, seller or others in the chain of distribution may be liable to the injured victim for the harm they have suffered. Products that have an unexpected danger or defect may create liability under three general theories of liability including negligence, strict liability or warranty which includes either express warranty or implied warranty.

Parties that can be liable for the physical, financial and emotional damages suffered by the victim can include the manufacturer of the product; the party that manufactured the components of the product; the party who assembled or installed the product; the wholesaler of the product; or the retailer of the product. Depending on the damages suffered, the victims may be able to recover compensation for medical expenses, lost wages and pain and suffering damages.

Because the harm suffered from a dangerous or defective product can be severe, it is important for injured victims to be familiar with their legal options including a personal injury products liability claim for damages. Consumers should be able to rely on the everyday safety of the products they use so when they are unexpectedly harmed by an unsafe product, it is important for them to understand the legal remedies available to protect them.

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