Product Liability

Serving Daytona, Deltona and Palm Coast

(updated 2/23/2017)

A products liability suit is a “civil action based on negligence, breach of warranty or strict liability, or other theories for damages caused by the manufacture, design, construction, installation or assembly of a product.”  Every year, millions of consumers purchase defective products.  Unfortunately, many of those consumers sustain injuries due to the defective product.  When this happens, a number of parties can be held liable for selling a product that they knew or should have known was dangerous to its users.

Theories of Products Liability

As outlined in the Florida statute above, there are many different types of products liability theories.  For instance, a design defect is an error in the original blueprint of a product, which causes it to be unreasonably dangerous and creates a hazard to users.  If this type of defect exists, one would likely find it in all of the manufactured products as it is at the very essence of the product.  An injured party may have grounds for a design defect claim if the proper facts are elicited.

Manufacturing defects usually occur in assembly and are not intended to be a part of final product.  These types of defects are usually limited to the product sold to the individual injured or a few additional products.  Based on this theory, an injured party must prove that the defect was present when the product left the factory.

Failure to warn is another theory of product liability.  Any party in the chain of distribution can be held liable for failing to warn consumers to prevent injury where a risk was foreseeable.  The American National Standards Institute is an organization responsible for enforcing rules and regulations for safety symbols and product safety signs.  According to this institute, warnings should be highly visible and should be made with the typical setting of the product in mind. Failure of a manufacture to properly warn a consumer could make them liable for an injury that occurs as a result of that failure.

Types of Products Liability Lawsuits

Traditionally, there are only three types of cases that result from products liability lawsuits:

  • Negligence: Injured party must show that negligence led to their injuries.
  • Strict Liability: Injured party is only required to prove that defect exists and that an injury resulted from the defect.
  • Breach of Warranty: Injured party must prove that he/she relied on an express or implied warranty of safety.

Who can be held liable?

An injured party can seek compensation from more than one liable party.  For instance, manufacturers, wholesalers, retailers, can all be held liable for an injury that results from a products liability injury.

Damages

Damages take on many different forms in products liability lawsuits.  Injuries can result in both present and future medical expenses, pain and suffering, loss of normal life, lost wages, and more. Injuries resulting from a products liability issue can be life altering.  An experienced attorney will be able to help you make sense of your life following this type of injury.  

If you or a loved one has been injured by a defective product, do not hesitate to contact our office, we are here to help you. You can call us at (386) 777-7777 or fill out our online contact form below for a free case evaluation. Get the compensation you deserve.

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