Bad Foods, Bad Products, Bad Service can cause you, a friend, or relative Personal Injury. When that happens, Perazzo Law in Miami will get the compensation you deserve for our client's injuries, damages, or losses.
Manufacturers, distributors, and/or merchants are bound by Federal law to produce goods that are safe for consumers to purchase and use. These products may range from car and bicycle tires; to over the counter beauty creams and prescribed medications; baby toys and car seats. Miami consumers that suffer any sort of personal injury or property damage as a result of using a faulty product or consuming contaminated goods, are eligible to file for compensation claims through Product Liability. However, filing product liability claims can get rather complicated and many times lost if not handled by a personal injury law firm that has a proven track-record and lots of experience dealing with product liability claims in Miami.
The attorneys at the Perazzo Law Firm's North Miami Beach and Miami offices are skilled in gathering all the correct burden of proof with which to win a product liability case for compensation.
The Perazzo Law Firm Product Liability Attorneys share Burden of ProofGathering burden of proof is fundamental in establishing liability for personal injury by the manufacturer, distributor, or vendor of defective or faulty products, goods, or services. In order to prove without a reasonable doubt that an individual was injured as a result of negligence in the production, provision of services, etc., there must be strict evidence that shows that the victim was not at fault. Buying a defective product such as a vacuum cleaner that causes electrocution; having counterfeit airbags installed on behalf of insurance providers; using lighting fixtures that overheat and explode, are just a few examples of products bought from negligent manufactures. However, burden of proof can be challenged if the consumer makes modifications to any product which in turn causes personal injury. For example, if a consumer purchases a home appliances at a local Miami home improvement shop and makes modifications to the appliance that causes electrocution, then the manufacturer may contest the claim, holding the consumer liable for his/her injuries, property damage, or loss. In other words, consumers must not act negligently when using a product that was purchased for a specific purpose. A gardener injured while using a chainsaw to prune a rosebush cannot hold the chainsaw manufacturer liable for injuries. A person blowing drying their hair in the shower is another example of negligent use on behalf of the consumer. In other words, products that are used for purposes other than those for which they were created, distributed, or sold, may not be held liable for product liability claims. Many times a manufacturer may claim that a product was damaged during shipping or delivery to its selling venue. Thus, third parties come into play and make this type of product liability case extremely complex. Burden of proof is needed to gain compensation for personal injuries sustained from using defective products, consuming harmful goods, or negligent services rendered in Miami. On the other hand, if a consumer purchases a chainsaw to prune a tree and the chain snaps off while cutting the first branch, it is obvious the chainsaw was poorly designed, assembled, or handled before being sold. In this case, the injured party can hold both the manufacturer and the distributor liable for any injuries or property damage. Every Product Liability case in Miami should be handled by one of our professional Product Liability staff of attorneys, either from our North Miami Beach or Miami offices.
What do manufacturers need to provide for the goods they produce, distribute, and sell to be considered safe?Manufacturers that produce any element or substance that can or may cause some sort of injury or harm to individuals, animals, property, etc., need to provide WARNING LABELS that inform consumers that the products or goods they are handling or consuming can be hazardous to their health. Example: Use protective eyewear when handling this machinery. Do not consume this medication while operating a motor vehicle. This product may be hazardous to your health if misused. Etc. There are some types of product liability cases that deal in design defects and these are usually much less complicated. Products that are wrongfully developed can cause serious personal injury, such is the case of electrical products, car parts, safety gear, firearms, etc. Many times, manufactures will recall goods that are proven to be hazardous to human or animal health and can lead to personal injury, property damage or loss. Basically, manufactures cannot produce, distribute, or sell goods that are not proven safe to use. Some of the most common defective products and goods come from:
Pharmaceutical Companies and Medical Products Manufacturers. Medications are made to save saves and help sick people recover from illnesses, but the negligent use of some medications can do more harm than good while others can flat out lead to wrongful death. Breast implants are a major source of concern as defective implants can lead to serious long-term health conditions. Some medical companies have recently had to recall an array of drugs that caused harm to individuals who purchased their products under the notion that they were safe to use. In some cases, drugs may be tainted either while being manufactured or stored overtime. Some drugs may have dangerous side-effects, that’s when proper warning labels and and vital information must be included in the pharmaceuticals products insert.
Car and Car Parts Manufacturers. Building automobiles is no simple task as there are a number of part that must be flawlessly designed and perfectly manufactured to provide for safe driving experiences. Design defects are among the main causes for recalls among the automobile manufacturing industry. Airbags, tires, brakes, suffer the biggest manufacturing flaws and represent the main cause of Product Liability claims for personal injury involving automobiles.
Food and Beverages: Foods and Beverages are prone to product liability claims as food that is bad can lead to wrongful death. Any food prepared at a restaurant and served to a customer must be free of any factors that can lead to the consumer falling ill, such as any beverage bottled and distributed, must be free of any harmful ingredients. Some foods contain harmful chemicals and ingredients which in the long-term, can have serious health effects. Microwave popcorn, for example, contained a harmful chemical which caused an ailment labeled, ‘Popcorn Lung’ as consuming the popcorn brought on harmful effects on the lungs through the chemicals it emitted during its preparation.
Children’s Toys and Goods: Manufactures should obviously take extra care when designing and developing a child’s toy and goods. However, many times, manufactures overlook the dangers their product may present for kids. Some manufacturers use toxic materials while others have flawed designs which lead to personal injury. Baby car seats, highchairs, strollers, cribs, as well as toys, all fall in line with defective children’s goods. Parents are also warned about the foods they choose for their children as well as the toys they allow their children to play with. Small parts can sometimes break off the toy and the child may swallow them, leading to choking. Most toys contain warning labels. However, this is no guarantee for their safety.
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