Close

Establishing Responsibility for Injuries Caused by Faulty Products

Obtain Compensation for Harm From Unsafe Consumer Goods

Thousands suffer injuries annually due to defective or hazardous products. Product liability law, designed to pinpoint who is accountable for these products, diverges from standard personal injury law and can sometimes simplify the process for a victim to collect damages.

Understanding Strict Liability

Typically, proving liability for injuries entails showing someone's negligence. However, tracking a manufacturer's negligence in creating a defective product sold broadly is daunting and costly for an individual.

It's unrealistic for a consumer to confirm the retailer’s quality control or if they contributed to the product's defect post-production. Nor is it the consumer's duty to inspect each item for potential defects or risks before use.

To address these challenges, "strict liability" rules emerged. Under these rules, if you're harmed by a defective or unexpectedly dangerous product, you can seek damages from the manufacturer or retailer without proving negligence. If you've been injured by a consumer product, compensation may be your right from those who made or sold it to you.

Potential Defendants in Product Liability

While manufacturers of defective products are usually liable, retailers may not always be subject to a lawsuit. Strict liability against a retailer applies only if they frequently sell or rent that kind of product. A purchase from a flea market, garage sale, or general thrift store may not trigger strict liability.

The Principles of Strict Liability

No matter the safety measures a manufacturer or seller claims to follow, you can assert a strict liability claim and do not need to show manufacturer or seller negligence if:

  1. The product harbored an "unreasonably dangerous" defect that harmed you, the user or consumer. The defect might result from its design, manufacturing process, or distribution.
  2. You incurred the injury while using the product as intended.
  3. The product was in nearly the same state as when first sold, meaning it hadn't been significantly altered to change its performance.
Time Limits for Product Liability Cases

States have enacted deadlines for strict liability claims, restricting the time frame for holding a manufacturer or seller accountable, generally between six and 12 years from the product's initial sale. It's essential to verify the age of the product that caused your injury when considering a strict liability case.

Knowledge of a Defect and Its Implications

Manufacturers and sellers can defend against strict liability claims if the consumer knew of the defect yet continued to use the product. If evidence suggests awareness of the fault prior to the accident, whether through the item's condition or use history, your right to pursue damages may be compromised.

The Flaxman Law Group is here to navigate the complex landscape of product liability claims. If you've been hurt by a faulty product, our skilled attorneys are dedicated to helping you secure the compensation you deserve. For a Free Accident Consultation, please contact us at 954-987-0099. We're committed to advocating for your rights and ensuring that justice is served.


Client Reviews
★★★★★
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with." Catherine M.
★★★★★
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.” Jeff W.
★★★★★
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!" Tayla M.
★★★★★
"Best attorney and very friendly. He fights for your rights and moves very quickly. If you have any questions, he is always there to answer. I felt at home and relieved knowing he was working on my case. I recommend everyone to get directly to him." Daniella E.
★★★★★
"If you're looking for representation but want to feel like you are working with someone who sees you as more than a name on a list of clients, this is the place for you. By the end of my first call, I felt something I had never felt when seeking any type of legal representation, I felt that I mattered! I wasn't treated as one more case to be handled by a stranger, I felt that I was speaking to a long life friend, who had a sincere desire to help me. Whenever I am asked if I can provide a reference for representation, I don't think twice... I always direct them to one place - Flaxman Law. Flaxman team - thank you for always making me feel like family!" Lori F.
Contact Us
Start Chat