Product Defects & Liability
The phrase "product liability" refers to the liability attached to a seller of any defective product that causes personal injury, be it to the purchaser, user or sometimes an innocent bystander.
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The phrase "product liability" refers to the liability attached to a seller of any defective product that causes personal injury, be it to the purchaser, user or sometimes an innocent bystander. Defendants in product liability cases may include manufacturers, distributors, retail stores and trade associations. Individuals who have suffered serious injury as the result of a defective product have the right to receive compensation for their injuries. You also have the right to a dedicated team of legal professionals, all committed to protecting your rights and bringing those responsible for your injuries to justice.
We will invest whatever it takes, in terms of time, energy and finances, to see your case to its successful conclusion; and you will pay no fees or expenses unless we win your case. If you suspect that you or a loved one has suffered severe injuries as a result of a defective product, we would like to meet with you and discuss the investigation of your claim.
Three Different Types of Products Liability Cases
Under Florida law, three distinct factors form the basis of a successful product liability case:
- Manufacturing Defects
- Design Defects
- Duty to Warn
Manufacturing Defects
When something goes wrong during the manufacturing process, the results can be fatal. Manufacturing defects are often the result of some mishap in the manufacturing process itself, improper workmanship or the use of defective materials in the construction of the product.
Product liability cases are challenging, because an attorney must prove the product was defective and that you were injured because of this defect.
Design Defects
Perhaps more dangerous than a manufacturing flaw, a design defect occurs when all of the products manufactured by the defendant are the same and they all share a common design feature that is defective and unreasonably dangerous. Personal injury cases involving design defects often arise from injuries that result from structural defects, lack of or ineffective safety features and a lack of suitability for the product's usual purposes. In a design defect case, a trial lawyer will use expert testimony to prove that there is a feasible alternative design that would have prevented the particular injuries suffered by the plaintiff. To increase our chances for success in successfully proving your case, our firm works with engineers, accident reconstruction specialists and other experts to uncover all of the details and reveal all of the facts.
Duty to Warn
Along with its responsibility to design and construct safe products, a manufacturer also has the obligation, or duty, to warn consumers of unsafe products. Personal injury cases claiming a failure on the part of the manufacturer to issue such warnings often arise in the areas of prescription drugs, cigarettes, food products and dietary supplements, which are sold without the proper warnings. A manufacturer who fails to warn of a danger can be liable even if their product is properly designed and manufactured. If you have suffered abnormal side effects after taking a particular medication, it is possible that the drug manufacturer, pharmacist or your doctor may be liable for failing to warn of the potential side effects. Even if a warning complies with the United States Food and Drug Administration, a jury may determine that the warning is inadequate and the defendant should be found liable. Our firm has successfully litigated cases involving failure to warn, and we have the experience and team of experts to prove your case.
To find answers to Frequently Asked Questions regarding dangerous and defective products, and to learn what your case might be worth, click below to fill out our free case evaluator.
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