What are the components of a successful product liability claim?

In Florida, when filing a successful product liability claim, there are several components that must be present. First, the claimant must prove that the product was defective and directly caused their injury. The defect can be characterized as a design defect, a manufacturing defect, or a failure to warn about potential risks associated with the product. Next, the claimant must prove that the product was being used in a foreseeable manner. For example, a person using a drill for a purpose other than drilling would not be successful. Third, the claimant must prove that the defect was the cause of their injury. That means that the claimant must demonstrate that the injury would not have occurred if the product had not been defective. Finally, the claimant must demonstrate that they suffered damages as a direct result of the injury. Damages can include medical expenses, lost wages, pain and suffering, and emotional distress. To successfully file a product liability claim in Florida, the claimant must fulfil all of the above components. Having evidence such as eyewitness testimony, photos, and medical records will strengthen the claim and increase the likelihood of an agreement or judgment in the claimant’s favor. Without proof of the product’s defective nature, the claimant may not be successful.

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