and Florida Medical Malpractice Attorney Information Center
Legal Forms - a multitude of legal forms available for download.
Every year, thousands of consumers sustain serious personal injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety. The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries sustained from the use of a defective product. If you have suffered injuries due to a defective product you may be able to file a claim against the manufacturer to recover damages. You do not necessarily have to prove that the manufacturer was negligent. Product liability claims, often called strict product liability can be established if you are able to prove three things
- The product was defective
- The defect existed prior to the manufacturer releasing the product
- The defect caused your damages
Manufacturers and their marketers must label the product in such a way as to warn of all dangers associated with its' use. They must specifically state how that product should be used and warn you of the hazards.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).
Nolo's Lawyer Directory: Find a Personal Injury Lawyer
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.
In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Products Liability is generally considered a strict liability offense, unlike medical malpractice claims where actual negligence must be shown. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantibility in the sales of goods. Products liability is derived mainly from Torts law.
If you were injured due to an accident that happened on the job, yet was due to the negligence of someone outside your company, then you may have a personal injury claim as well as a Workers compcase. This is called a third party liability claim. Such third party liability personal injury claims often arise due to the negligent or defective manufacture of machines or defective work related materials or equipment.
Products liability attorneys and lawyers in Florida represent clients in various forms of products liability lawsuits include the following:
Defective Products:
· Florida Pharmaceutical Lawyers
Florida Avandia Lawyers
· Florida Defective Car Seat Lawyers
· Florida Celebrex Lawyers
· Florida Depakote Lawyers
· Florida Failure To Warn Lawyers
· Florida Fosamax Lawyers
· Florida Product Liability Lawyers
· Florida Shelhigh Lawyers
· Florida Sulzer Hip Recall Lawyers
· Florida Vioxx Lawyers
Auto Product Liability:
· Florida Auto Product Liability Lawyers
· Florida Roof Crush Lawyers
· Florida Seat Back Failure Lawyers
· Florida Seatbelt Failure Lawyers
· Florida 15 Passenger Van Rollover Lawyers
Macclenny, Glen Saint Mary | |
Starke, Brooker, Hampton | |
Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar | |
Blountstown | |
Punta Gorda, | |
Cross City, | |
Duval |
|
Moorehaven | |
Port St. Joe, Wewahitchka | |
Jasper, White Springs | |
Wauchula | |
Clewiston, LaBelle | |
Brooksville, Weeki Wachi | |
Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City | |
Bonifay | |
Marianna | |
Mayo | |
Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates | |
Bronson, Cedar Key, Chiefland, Williston, Yankeetown | |
Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City | |
Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park | |
Okeechobee | |
Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge | |
New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills | |
St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach | |
Palatka, Interlachen | |
Gulf Breeze, | |
St. Lucie |
|
Wildwood, Bushnell, The Villages | |
Live Oak | |
Perry, Steinhatchee | |
Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange | |
| |
DeFuniak Springs, | |
Chipley |
Copyright . The Florida Personal Injury Lawyer. All rights reserved.