Every manufacturing company is responsible for creating products that are safe for the public to use.
That’s why our law firm believes in holding manufactures responsible when they are liable for defective products and the injuries they cause.
If you or a loved one has been hurt or killed in an accident caused by a defective product, you may be entitled to compensation from the product’s manufacturer or their representative liability insurance policy. Let’s take a closer look at what this involves.
Manufacturers Are Responsible For The Safety Of Their Products
The manufacturing process should produce consistent results and deliver a product that is free from defects. In addition to creating molds, the assembly processes, and packaging, an intensive quality control process should ensure the product meets specific quality standards. The end result should be a product that consumers can consistently expect to function as it should.
When the quality control process breaks down, there can be dangerous outcomes like avoidable accidents, injuries, and even death.
Determining Fault and Compensation In a Manufacturing Defect Accident
You may be entitled to compensation if the accident occurred during the proper and appropriate use of the product (meaning you were not acting negligently or recklessly by ignoring use guidelines or safety alerts).
Actually getting the money you deserve is a two-step process:
- The first step is determining who is liable for the defect that caused your accident (and therefore who is obligated to compensate you)
- The second step is determining the actual sum of damages you are entitled to.
Keep this in mind: Neither the business nor their insurer wants to pay you any more than absolutely necessary. Working with a product liability lawyer is one of the best ways to push back and get the money you deserve.
Liability For Defective Products
The issue of manufacturers’ liability for defective products can be complicated because of the multiple participants in the manufacturing process. However, each entity in the process likely has contractual agreements with everyone else that clearly outlines their role, their expectations, and the scope of their involvement when it comes to liability issues. Interpreting these contracts can be complicated for someone who does not understand this process, but your attorney will be able to identify how the manufacturing defect happened and who is liable for this avoidable failure.
Once the at-fault party is identified, your attorney will move forward with the process of identifying and calculating the damages you have suffered and therefore are owed as compensatory damages.
Compensatory damages are those a victim is entitled to through the personal injury claims process and include both economic and non-economic damages.
- Economic damages are all those that come with measurable values, such as medical bills, lost wages, short- and long-term disability, and more.
- Non-economic damages are all damages that do not have costs or values, things such as the pain and suffering of your injuries, the emotional impact and trauma of your accident, and more.
Each individual damage requires a clear understanding of how to calculate and then negotiate for a fair settlement, all of which can be extremely overwhelming as you are trying to focus on making a recovery from your injuries. Luckily, you will have a proven mass tort lawyer handling this process for you.
In certain instances, a judge or jury may award a victim additional punitive damages. These damages are not awarded to compensate the victim for measurable damages. Instead, they are meant to punish the defendant for their grossly negligent or intentional behaviors that led up to the accident.
Your attorney will not be able to request punitive damages. However, many lawyers are motivated (by the hope of a bigger payout) to go straight to a lawsuit without attempting out-of-court settlement negotiations.
In some instances, a company may preemptively offer a much higher settlement in order to avoid paying punitive damages. They may also do this to avoid the details of your accident being made public.
Punitive damages are rare (12% of civil lawsuits in Florida include them). Speaking with an attorney will give you a better idea of how likely your situation is to include this type of award.
Contact BK Law For a Free Consultation Today
If you are considering taking legal action against a manufacturer, it can be difficult to understand what options are available. Talking it out with an attorney is a great way to get some initial clarity.
During our initial consultation, we will be able to go through the details of your accident, starting with how it happened and the type of product you were using.
We will explain how working with a personal injury attorney goes, particularly with how we will represent your case, how we will communicate our progress, and more. We will also be happy to provide examples of other similar cases we have successfully represented, which can be a great way to remember that you are not alone through this difficult time in your life.
We encourage you to contact us as soon as possible to get started on your case. Contacting insurance companies or manufacturers on your own can be intimidating and often leads to aggressive settlement offers and legal positioning from the liable party.
Remember, the other side wants to reach a quick, affordable settlement with no real regard for what is fair to you. A tough personal injury lawyer will not fold under pressure and will take a firm approach to negotiations.