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Dangerous Product Cases And How A Miami Personal Injury Attorney Can Help
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Dangerous medical devices, drugs and products prompt thousands of warnings, recalls and lawsuits every year in the United States. If you have been hurt or suffered damages because of a product you purchased and used, you may have a defective product liability case and a Miami personal injury attorney may be able to help you.
Types of Defective Product Cases
While these cases can be very broad, most fall into three categories: defective manufacturer, defective design or failure to provide sufficient warnings or instructions. In addition to proving the product was defective, a personal injury lawyer in Miami will also need to prove that this defect caused your injury.
The most obvious form of product liability is where an injury-causing product was manufactured poorly. It may be flawed because of an error during making it, which makes it different from other ones on the shelf at the store. Products may also be dangerous if they have a design that is inherently defective, such as electric blankets that may electrocute the user if they are turned to high. Finally, products may be defective and cause you injury if the maker did not provide adequate instructions and warnings.
Proving Your Case
A Miami personal injury attorney will begin by analyzing your situation to make sure you even have a case. To prove a product liability case, you will need to prove the following elements:
• The product is defective,
• You were injured or incurred damages,
• The defect in the product caused the injury, and
• You were using the product as intended.
Along with showing you have an actual injury or monetary loss, it will help if you can show how the product's design is defective by showing that the danger is not evident to an ordinary person. It's also not enough to have been injured while using a defective product, as you must show your injury was caused by the defect itself.
Depending on your case, it may be a good idea to retain the services of a personal injury lawyer in Miami who specializes in product liability. An injury lawyer in Miami will tell you that this isn't as easy as it seems. If you are hurt in a car accident while making a turn in a car prone to flipping, the car manufacturer may argue you were driving recklessly and it was not the car's design that caused your injury.
Finally, you will also need to show that you were using the product as it was intended. Manufacturers are only required to make products safe for the intended use, so if you were not using it the way it was meant to be used, it will not matter if you were injured.
If you have been hurt by a defective product, it's a good idea to speak with an injury lawyer in Miami as soon as possible. These cases are notoriously difficult and the product manufacturer will likely have a legal team working to disprove and deny your claim.
For more information on Leighton Law and Miami Personal Injury Attorney. Visit Today - http://www.leightonlaw.com/
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