If someone has been injured or worse yet died because of a defective product, then the surviving family may be entitled to compensation for such a loss.
A host of defective products are prone to cause wrongful death such as cars, seatbelts, child car seats, medications, medical devices, tools, and swimming pools. The legal dictionary defines wrongful death as the death of a human being resulting from the wrongful act of another person or persons. When a person dies as the result of the legal fault of another, then the victim’s family has the right to file a wrongful death lawsuit. Wrongful death may include causes such as medical malpractice, car accidents, murder, or manslaughter.
Innocent victims who suffer wrongful death due to a dangerous or defective product are often overlooked. Numerous persons have suffered financial, physical, and emotional loss caused by the negligence of product manufacturers and suppliers. Worse yet, in many circumstances, defective products may ultimately cause death.
Dangerous Effects of Defective Products
- Brain injury
Within the state of Florida, product liability law assigns legal responsibility for injury or death to any person or entity involved in the making and distributing of products. Florida law applies to entities including but not limited to the manufacturer, distributor, supplier, retailer, or all of the above.
Product Liability: 3 Types
- Defective Design-The product is inherently dangerous. (ex. SUV prone to rollover)
- Manufacturer Defects- The manufacturer failed to demonstrate reasonable care in the production, design, or assembly of the product, which caused harm. (ex. Missing brake pads)
- Failure to Warn-The product failed to include directions or warnings. (medication warning not to use while driving)
Wrongful Death Damages
Family and loved ones that lose someone due to wrongful death suffer severe grief and loss. Under Florida law, spouses, children, and parents are eligible to collect compensation:
- Medical expenses
- Funeral expenses
- Emotional suffering
Product Liability Proof
To collect compensation for wrongful death due to product liability, the individual must prove the following information.
- Defective-The claimant must prove that the product is unreasonably dangerous due to the manufacturing, design, or delivery process.
- Injury/Death-The claimant must prove that the product caused the injury or death.
- Original Product-The claimant must prove that the product was not substantially changed by the time that it caused the death.
If you have a loved one that has suffered from wrongful death due to product liability, it is essential to talk with an experienced South Florida Wrongful Death Attorney. Your attorney can help you prepare your paperwork to get the results you are looking for.
If you need assistance to determine if you should pursue a wrongful death claim, the Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: [number type=”2″] or [number type=”1″].