Thousands of deaths and hundreds of thousands of injuries occur each year due to faulty or defective products. A defective product or a defectively manufactured drug can cause severe injuries or death. While there are numerous injuries and deaths related to defective products, a product liability lawsuit remains an extremely complex and difficult aspect of the law in Florida. Therefore, an experienced Florida Product Liability Lawyer is critical to make sure you get the proper representation you deserve.
Generally speaking, product liability is the area of the law in which manufacturers, distributors, suppliers and retailers, as well as all others who make the products available to the public, are held responsible for any injury or death that those products cause.
A product can be rendered defective or harmful if any of the following are present:
- It poses an excessive risk to consumers
- Fails to warn consumers of any inherent risks
- Causes injury with its intended usage
- Uses false marketing claims
- Contains defective or dangerous packaging
- Lists incomplete instructions
While public product recalls attempt to get products off the market and out of homes before injury occurs, many product defects are not identified until a severe injury or death occurs.
Product Liability Theories
There are a number of different theories upon which a product liability claim can be brought, including:
- Design Defect: Under a design defect, liability usually arises from a mistake or oversight in the design of a product. The result of a poor design makes it dangerous when it is used as intended or when it is used for another reasonably foreseeable purpose.
- Manufacturing Defect: Under a manufacturing defect, liability usually arises from a defect that results during the manufacturing process.
- Marketing Defect: Under a marketing defect, liability involves such issues as inadequate instructions or warning labels. The result of a marketing defect prevents a user from recognizing a defect in the product or from being aware of where to apply a product or how to safely use a product.
It is important to discuss the appropriate theory with a Florida Product Liability Lawyer so you increase the likelihood of success of your case.
What Makes a Product Liability Case?
There are three types of common product liability cases. These include negligence, strict liability and breach of warranty.
There are three parts to a negligence claim.
The first part is that you have to show that the maker of the product had a duty to its customers. This is generally the easiest part, because virtually everyone selling a product or service to the public has a duty to not injure them. Second, it must be shown that the maker of the product failed in that duty. This is most often established by proving that the manufacturer knew or should have known that the product was dangerous to the public. Third, and extremely important, is that there must be an actual injury from the breach of duty. In order to receive compensation from a defective product, there has to be an injury. The possibility that someone could be injured is not enough.
Strict Product Liability
In a strict product liability case, it only has to be shown that a product is unsafe, and caused injury. There is no need to prove negligence in these cases.
Breach of Warranty
A breach of warranty cases is similar to strict liability case. The difference between the two is that the product caused an injury through a failure of something that was warranted by the manufacturer.
Products liability is the area of personal injury law that involves injuries caused by dangerous or defective products. The term “products” can refer to a variety of categories, including:
- Medicine and drugs (including, but not limited to, Vioxx, Baycol, Celebrex, Accutane, Pyridostigmine Bromide, Bendectin, Bextra, Aleve, Thalidomide, Phentermine, Diethylstilbestrol (DES), Fen-Phen, Rezulin, Parlodel, Phenylpropanolamine (PPA), Oxycontine, other prescription drugs, and non-prescription drugs)
- Toxic chemicals, including pesticides, mold, and asbestos
- Cars, buses, trucks, or motorcycles
- Medical devices
- Toxic substances and chemicals
- Motor vehicle accessories, such as seat belts, tires, child car seats, airbags
- Recreational equipment
- Apparel and clothing
- Home appliances
- Household products
If you have been injured in an accident involving a defective or dangerous product or if a loved-one has died because they used a dangerous product, you must speak with an experienced Florida Product Liability Lawyer immediately.
Contact us today for a free consultation.