What Is Product Liability?

Product liability refers to the idea that a manufacturer or a seller can be held liable for selling a defective product. The responsibility for a defective product, especially when it causes injuries lies with all sellers and distributors of said product. Manufacturers are obliged to provide safe products or to warn the consumer about the potential risks involved in using their product. In case the manufacturer does not provide reasonable care towards the users of the product, they can sue in order to recover financial compensation for their injuries.

Product liability is a legal term involving the responsibility of manufacturers, sellers or distributors for injuries caused by a defective product. This body of law provides compensation for physical injuries and property damage resulting from defective or unreasonably dangerous products. In Miami, manufacturers are held liable for failure to provide reasonably safe products or to warn consumers about the risks.

Injured victims can file product liability lawsuits based on one of the following theories: strict liability, negligence, and breach of warranty. Strict liability refers to a manufacturer's failure to provide a properly functioning, safe product. The defect can be in the product's design or manufacturing or warning and instructions.

A negligence claim refers to the manufacturer's failure to provide reasonable care towards the user of the product. This theory involves any damages caused by the foreseeable use of a product. A breach of warranty claim can be filed in case the product was not proper for the purposes it was sold for.

Product liability lawsuits can be filed for all types of accidents and for any type of product, from malfunctioning auto vehicle components to dangerous drugs. Even if the consumer used the product in a way it was not intended to and got injured in the process, a product liability lawsuit can still be filed based on the concept of foreseeable misuse.  Manufacturers are required to foresee how their products can be used and to provide warnings about misuse.

In Miami, individuals injured by a defective or unreasonably dangerous product can file a lawsuit within four years from their injury. If they do so, they can recover monetary damages for their injury costs and possible property damages suffered.

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