You may be surprised by just how many products get recalled in the United States per year, whether it be household appliances, over-the-counter medications, or otherwise. What’s worse is if a defective product does not get promptly recalled and you get injured as a result. And as you are navigating your injuries and damages, you may be wondering whether you can receive aid via a product liability claim. Continue reading to learn if you can bring forward a product liability claim and how one of the experienced Panama City product liability attorneys at Manuel & Thompson, PA can work on a legal strategy on your behalf.
Am I eligible to bring forward a product liability claim?
First of all, a product is considered defective if it poses an unreasonable risk when it is used for its intended purpose. So you may be eligible to bring forward a product liability claim if any of the following apply to your accident:
- There was a design defect: that is, a designer does not create a product that is free of inherent flaws, structural weaknesses, or otherwise defective designs.
- There was a manufacturing defect: that is, a manufacturer does not follow the blueprint set forth by a designer and therefore builds a product with dangerous parts.
- There was a marketing defect: that is, a company does not adequately warn about the dangerous conditions of a product or does not provide adequate instructions on how to safely use the product.
Of note, you may still qualify for such a claim if you simply borrowed the defective product from another party; or if you were injured while in the presence of another party using the defective product.
Should I keep the defective product for my claim?
You may be tempted to immediately discard the defective product that caused you to get hurt. But you must refrain from doing so, as this is a pivotal piece of proof for your claim. Instead, you may take the following steps:
- Take photos and videos of the product in its defective state.
- Take photos and videos of the injuries and damages that the defective product caused.
- Store the defective product in a safe space that is not easily accessible to you or others.
- Submit the defective product as evidence in your claim proceedings.
You must make a valiant effort toward submitting your product liability claim on time. That is, in the state of Florida, the statute of limitations for this type of claim is generally three years from the date on which an accident occurred. So reach out to one of the skilled Panama City personal injury attorneys at Manuel & Thompson, PA to learn how to get started on your case.