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Miami Personal Injury Lawyer / Attorney

At Miami Lawyer Attorney Org. our team of extremely dedicated and committed professionals is ready to provide you with the attention and help you need -- when you need it most. Our object is to exceed your expectations through aggressive legal representation, utilizing a team work. We are ready to fight for you, and protect your rights. Through our dedicated support we strive to make a very difficult situation easier while building long and lasting relationships with our clients. Miami law firm at Miami Lawyer Attorney Org. provides dedicated representation to their clients who need assistance with various legal cases. Our law teams with huge expertise built a reputation for success with our clients, lawyers, judges, and insurance companies.

Coverage of Product Liability

The Strict Product Liability states that all the parties involved in the manufacturing of a product are held liable for any damages caused by the product. Some of the parties involved are the small piece manufacturer, product assembler, retail store owner and the wholesaler. The product liability lawsuit is filed when defective  product causes harm to the consumer who bought the product or other people who borrowed the product, received the product, etc. The products, which can be involved in the lawsuit, are defined into several categories:

Tangible

Intangible, i.e. gas
Naturals, i.e. pets
Writings, i.e. charts for navigation
Real Estate, i.e. house

Before filing a product liability lawsuit, it is important for the claimant to prove that the product is indeed defective. To do so, there are three helpful types of defects than can incur liability to the parties involved in supplying and manufacturing, these are:

  • Marketing Defects.  These normally deal with the inclusion of erroneous instructions as to how the product is to be used as well as failure to include usage caveats about the possible dangers of the product.
  • Design Defects. These types of defects usually exist even before the manufacturing of the product, thus making them inherent. Due to the flaw of the design, it is possible for the product to cause unreasonable harm even though it can properly serve its purpose.
  • Manufacturing Defects. These defects occur during the production of the item. In this case, it is possible that not all but a smaller percentage of the products are flawed.

Claiming for Product Liability

There are several states that ratified broad products liability statutes. Nevertheless, claims for product liability can be filed on several grounds, such as: warranty breach, negligence and strict liability. In general, a product liability claim is also a strict liability. This only means that it is irrelevant whether the defendant exercised a degree of carefulness during the manufacturing of the product. In short, the defendant is held liable as long as the product is proven to be defective.

Laws Governing Product Liability

Governing laws on products liability is mainly located in the Uniform Commercial Code and the common law. The most integral parts of the UCC that deals with products liability are located on the sections stating the importance of implied or expressed warranties included in the sales of goods. It is very helpful to hire a lawyer skilled in the products liability to help you deal with the claim and receive the compensation you deserve.