If you or someone you know has been injured by a defective product, you may be entitled to compensation for your damages. Our attorneys are highly experienced in the laws which protect consumers against the harm posed by defective products, and we have been successfully litigating product liability cases for over 50 years. When a consumer sustains an injury due to a defective product, a number of parties can be held liable for the design, manufacturing and sale of a product that they knew or should have known posed a risk to users. Moreover, a products liability case can be brought against a manufacturer for failure to warn of potential risks. Any party in the chain of distribution could be liable if warnings or instructions could have prevented an injury from foreseeable risks.
Types of Products Liability Cases
In Florida, there are generally three types of products liability cases:
(1) Negligence: This occurs when there was carelessness in the design or manufacturing of a product that led to injuries. The injured person bears the burden of proving that the defendant had a duty to sell a safe product, but that duty was breached because the defendant knew or should have known that the product was defective. The plaintiff must also show that the defective product caused serious and permanent injuries.
(2) Strict Liability: Most products liability cases are brought under the theory of strict liability. The plaintiff must prove that a product is defective and an injury was sustained as a result. If a defect exists, the manufacturer could be strictly liable for any damages, regardless of whether the manufacturer used extreme caution and care when making the product. In order for strict liability to apply, the product must be purchased in the chain of distribution.
(3) Breach of Warranty: There are two warranties that a buyer relies on when goods are sold: the express warranty and implied warranty. Express warranty is any representation about the product and its safety made by the manufacturer or retailer. An implied warranty is an implied promise by the manufacturer that use of the product will not cause any harm.
Contact Us for a Free Consultation
If you or someone you know has been injured or killed by a dangerous or defective product, contact the law firm of Powell, Powell, & Powell for a free consultation.