A wrongful death suit due to breach of contract is typically a product liability case.
When a consumer buys a product, he or she expects it to be safe. However, many people are injured and killed every year by defective products. When a consumer uses a product in the manner in which it was intended and suffers an injury, that person may have grounds for a lawsuit against the manufacturer for breach of contract or warranty.
In order to pursue a wrongful death suit against a manufacturer, victims may wish to consult an Orlando wrongful death attorney with experience in suing large companies.
What Is Product Liability?
A product liability lawsuit is not based simply on the fact that someone was injured while using a product. Instead, a personal injury or wrongful death suit based on product liability must show that the manufacturer was negligent in designing or manufacturing the product, and that this defect led to the victim’s injury.
Florida product liability claims may be based on negligence, breach of warranty or strict liability. The basis of the claim may be the way a product was constructed or manufactured, the formulation of the product, how it was installed or prepared, or how it was assembled at the plant.
In order to show negligence, the victim must establish several important facts. First, the victim must be able to show that the manufacturer owed a duty to the consumer and that the company breached that duty. The victim must then show that this breach of warranty or negligence was the proximate cause of the injuries.
What Is A Warranty?
Under Florida law, a claim alleging a breach of warranty is based on an implied contract between the parties. In the case of a product liability case, the victim may claim a breach of express warranty or implied warranty.
If the victim claims a breach of express warranty, he or she must show that the product was misrepresented by the seller. This could be as the result of erroneous labeling or from false advertising. A breach of implied warranty could mean that the manufacturer failed to provide a product that was fit for a particular purpose or that the entity that sold the product was unfit to do so.
Finally, a claim based on strict liability alleges that the manufacturer knew when the product was marketed that it could cause injuries. These types of cases are usually based on a defect in design or manufacture or a failure to warn consumers of possible harm.
What Types of Injuries Can Form the Basis of a Product Liability Lawsuit?
A personal injury lawsuit based on product liability could be filed over any type of injury, physical or emotional. The injured victim may incur medical expenses, lose wages due to inability to work or suffer emotional pain as a result of the injury.
A wrongful death suit may be filed by the survivors of a victim who died as the result of using a defective product. A wrongful death suit may seek damages including medical and funeral costs, loss of income and loss of support from the deceased victim.
Product liability suits are often very difficult cases to manage. It is important for the victim of a defective product to seek advice from an attorney with experience in handling product liability lawsuits against large companies in order to have the best chance at a positive outcome.