The Best Barometer for Product Liability Cases – Common Sense
A myriad of different types of product liability cases abound in Florida courtrooms. As Miami product liability lawyers, we at Jay Halpern and Associates often need to determine whether a claim of product defect is a viable case in circumstances where there is no precedent for a similar case.
We have handled product liability claims in more traditional product liability cases which involve vehicle instability, seatbelts, crashworthiness, and power tools. Nevertheless, we have also handled claims involving products which are not the usual suspects for these types of cases. In some instances we could find no other similar case and we were breaking new ground in prosecuting certain product liability cases.
For example, we have handled cases involving diving knives, toy scooters, and blenders. Common sense is the common denominator, and the best barometer for determining whether certain cases which have no prior history, qualify as a meritorious claim that should be pursued. Naturally, a product liability lawyer needs to bolster his common sense approach to a case with research about the product, the state of the art of the product, the feasibility for alternative design, and other issues related to such cases.
For example, in one product liability case that we handled, we were successful in claiming that the handles on a toy scooter were defectively designed because when the scooter fell the handles stuck straight up, perpendicular to the ground, and were designed in such a way that they could cause a puncturing injury. When our young client lost the sight in one eye as a result of falling on a scooter handle, we successfully pursued a claim against the manufacturer of the toy scooter. We could not find any similar cases, alleging defective design of the handle bars of the scooter, but we were able to successfully show that economically feasible alternative designs could have easily prevented the risk of the life altering injuries sustained by our client. With no prior similar cases to analyze, we were left with only our lawyer know how and our common sense to guide us to a plan of action.
At Jay Halpern and Associates we handle all types of product liability cases. If you or a loved one is injured by a product in an unconventional way, it behooves you to have the possible case reviewed by a competent product liability lawyer, because a unique one-of-a-kind type of case may still represent a viable and legitimate claim.