Products Liability

Dangerous products in Florida represent a significant threat to the health and safety of adults and children. Products liability is an area of the law that assists people who have been injured by unsafe products, or the survivors of those who may have died as the result of an unsafe product.. In general, products liability means the responsibility of the manufacturer or seller of a product for injuries due to the use of the product. The term "products" can include anything used by, or that comes in contact with a human being, from machinery, medicine, food, and household appliances to toys, tools, clothing, improperly designed consumer products, automobiles and pharmaceutical drugs.

 

All manufacturers are required to make products that are not unreasonably dangerous. They also must warn buyers about dangers associated with the use of their products. If they fail to do either, and their product causes injury, then they may be liable for the injury.

 

Florida products liability cases take many forms, for example: 

•     Automobile Defect Cases

•     Crashworthiness

•     Roof Crush

•     Air Bag Defect

•     Seatback Collapse

•     Tire Tread Separation

•     Fires

•     Window Defect

•     Seatbelt or Restraint System Defect

•     Rollovers - especially SUVs

•     Child Seats

•     Food Poisoning

•     Machinery

•     Medical Devices

•     Prescription Drug Recalls

•     Tools

•     Toys

 

When choosing a lawyer, it is critical that you hire an experienced Florida Products Liability Lawyer. You should be comfortable with your lawyer's experience handling Florida Product Liability Personal Injury Cases. in which you havebeen involved. Contact an Experienced Florida Products Liability Lawyer.

 

Florida Products Liability Law

 

Unlike most types of personal injury cases, in Florida products liability cases the injured party usually does not have to show that the manufacturer or seller of the dangerous product was negligent. In most situations, there is strict liability for manufacturers and sellers in Florida. Also unique to products liability law is that the manufacturer, distributor and seller can all be held responsible for the injuries from a defective product.

 

There are three categories of Florida Products Liability cases:

 

1.     Breach of Warranty

2.     Common Law Negligence

3.     Strict Liability in Tort

 

Breach of Warranty

 

Florida products liability claims for breach of warranty involve some type of warranty made by the manufacturer or seller that was violated and caused injuries to the buyer (or guests or family members of the buyer). There are two special circumstances involved in breach of warranty products liability claims in Florida; one, the defendant must be given notice of their breach of warranty within a "reasonable" amount of time; and two, sellers can provide buyers with disclaimers, essentially informing buyers of the defective condition, in which case the buyer cannot pursue their claim.

 

Common Law Negligence

 

Florida manufacturers and suppliers of products must use ordinary care to not create an unreasonable risk of injury to the user or owner, when the product is used in its intended or forseeable manner. The manufacturer must use ordinary care in the following aspects: 

 

•     Safe Design

•     Safe Construction

•     Appropriate Inspections and Tests to Determine Defects

•     Appropriate Instructions on Proper Use

•     Adequate Warnings of Danger

 

Under Florida Common Law Negligence Products Liability cases, buyers must also use ordinary care in the following regards:  

•     Using ordinary care to discover defects in the product

•     Not unreasonably using the product after discovering the defect

•     Not using the product in a way that the manufacturer could not have reasonably predicted

 

Note: These requirements that buyers avoid certain actions are not usually an automatic bar to recovery. Instead, the at-fault party can introduce these actions into evidence in an attempt to reduce the injured person's damages.

 

Strict Liability

 

Under Florida products liability law, strict liability applies to the manufacturer, distributor, wholesaler and retailer. 

Strict liablity requires the injured party to prove the following: 

•     The product's defect was unreasonably dangerous

•     The product was defective when it left the seller

•     The defect caused the injuries of the person bringing the claim

•     The seller was in the business of selling such products

•     The product was one the seller expected the buyer to use without much of a change

 

Under Florida Strict Liability Products Liability cases, buyers must also use ordinary care in the following regards: 

•     Not using the product other than for its intended purpose

•     Not significantly alter the product

•     Not using the product where its intended use is coupled with inherent danger

 

If you have been injured by a defective product you may be entitled to monetary compensation for: 

•     lost wages.

•     pain and suffering.

•     mental anguish.

•     medical expenses.

 

If someone has been injured while using a product, even if human error is partially to blame, they may still be entitled to monetary compensation for their injuries because manufacturers are required to take into consideration the possibility of human error. An appliance or consumer product should be designed to function safely in the event of human error.

 

Make an appointment for a free consultation and the Defective Products Lawyers at Lewis & Williams will review your information and advise you as to whether you have a case. If we take your case, you will not be responsible for any fees unless we receive a financial benefit in your favor. That is our no-fee guaranty.

 

Contact an Experienced Florida Products Liability Lawyer. For more information, feel free to call us today at 561-444-2260.