Manufacturers have a duty to provide safe products to the marketplace. However, Florida consumers might end up suffering from dangerous defects. Everything from cars with faulty airbags to consumer electronics presenting fire hazards may cause severe harm. Those hurt by defective products could file a lawsuit to recover any losses suffered. However, the process could be more involved than one may assume.
Taking action in a product liability case
Even when negligence appears quite clear, product liability-related litigation involves several steps. An investigation and evidence-gathering process help the plaintiff build a case for negligence. Of course, the plaintiff must file the necessary paperwork in civil court for the lawsuit to proceed.
The case would require a pre-trial conference that might also include settlement talks. A trial is not necessarily an unavoidable outcome, as mediation or arbitration could lead to an agreement between the parties.
If the case goes to trial, the plaintiff and defendant present their case. A preponderance of the evidence remains the crucial element in determining negligence. The trial may end if the defendant chooses to settle and the plaintiff accepts.
Further points about product liability cases
Someone who gets hurt due to a defective product might face medical bills, decreased income, and other losses. Imagine an electric bicycle that suffers an unforeseen throttle surge leading to an accident. A subsequent product liability claim may compensate the victim for associated losses.
Potential litigants should be aware of the statute of limitations. In Florida, the statute of limitations for product liability cases is four years from the date that the injury occurred, although wrongful death cases find the time drops to two years. Those who wait too long could lose their ability to sue.
