Advice From an Injury Lawyer
When any product or manufactured item causes you an injury because of a defect, it is called product liability. Injury lawyer Robert A. Bokor can help you determine if you have a product liability case against the product manufacturer and possibly the product seller. There may also be a situation in which someone gives you or sells you a used product, and they may also be liable.
DO I NEED TO HAVE THE PHYSICAL PRODUCT AND PACKAGING FOR A PRODUCT LIABILITY CLAIM?
You do not have to have the product to file a claim, but it is always a good idea to keep the product or the defective part of the product, if possible. However, as long as you can identify the product and show that it happened, you have a valid claim.
WHAT IF I DID NOT PERSONALLY PURCHASE THE PRODUCT THAT CAUSED MY INJURY?
As long as you are the expected user of the product, you do not have to purchase the product in order to have a potentially viable case.
WHAT IF I DID NOT USE THE PRODUCT PROPERLY OR DID NOT FOLLOW THE INSTRUCTIONS?
The product packaging must have clear, easily understood directions in order for a person to be expected to follow them. Florida is a comparative negligence state, and the jury will be presented the defense of the product. If the product was not defective, there is usually no valid claim. If the injured person is negligent themselves, the jury will be able to state the percentage of negligence of each party involved with the defective product. If you are found to be 50% negligent, your damages will be reduced by 50%. You can discuss all of your potential outcomes with your injury lawyer.