Know someone who has been
injured or died as a result of defective, poorly manufactured, improperly
labeled, or unsafe products? The Florida Product Liability Lawyers listed
below assist victims--and their families--in their efforts to recover
money and other compensation. Regardless of whether the injury is the
result of a defective product, drug, inadequate warning label, poor
product instruction, a recalls, exposure to toxic chemicals or other
dangerous substances, our product liability lawyers can help you file
insurance claims, lawsuits and court trials.
Find the best personal injury attorney to represent you here whether you live in Jacksonville, Orlando, Miami, Fort Lauderdale, Tampa, Tallahassee, St. Petersburg, Hollywood,
or Hialeah.
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Florida
State Courts
Florida
Supreme Court
Florida
Products Liability: Manufacturing Defects vs. Design Defects
When a product injures someone, a
court will ask the same sort of questions you would: How did the injury happen?
Was there something wrong with the product? How badly was the person injured?
Although these questions seem simple, the answers can be surprisingly complex.
Courts faced with the question "was there something wrong with the
product?" use two general theories to analyze the facts surrounding the
injury: products liability (sometimes referred to as strict products liability)
and negligence. To some extent these theories overlap or blend but the basic
difference is that products liability focuses primarily on the product itself
while negligence focuses on the manufacturer, seller or distributor's conduct as
well as the product. Both theories look at what was wrong or defective in the
product.
What
Does a Product Liability Lawyer Do? According to Cornel University's Law
School:
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).
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
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.
*This site is not affiliated with any lawyer or law firm.
All information is provided for reference purposes only. Please consult a
qualified attorney before taking any legal action.
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Florida Product Liability Lawyer Links
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Florida Product Liability Lawyers: you can have a link on this page for less than you might think.
Send an email to duilawyerresource@badjocks.com
for details.
Florida
Product Liability Lawyer - Thousands of deaths and millions of injuries
occur each year due to faulty or defective products. 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. Items involved in product liability suits include automobile parts and
tires, toxic chemicals, children’s products, appliances, tools, safety
equipment, and defective drugs. A product can be rendered defective or harmful
if it poses an excessive risk to consumers, fails to warn consumers of any
inherent risks, causes injury with intended usage, uses false marketing claims,
contains defective or dangerous packaging, or posts incomplete instructions. The
Florida product liability attorneys at Chalik & Chalik know state liability
laws and we understand what it takes to hold product manufacturers accountable.
Your attorney will consult design and manufacturing experts to show the court
that the product is in fact defective in some capacity, and prove that the
defect caused injury to the consumer. Product manufacturers, suppliers, and
retailers may be required to pay out a substantial amount of money damages.
Orlando,
Florida Product Liability Attorney - When products are sold to consumers
that are unsafe for their intended use, they can cause serious injuries.
If a defective product injures you or a loved one, then you may be able to
recover compensation for your losses through a product liability claim.
Virtually any product that you use or come into contact with may be the basis
for a product liability claim if the product was defective – either in design
or manufacture – the defect in the product causes injury to you or a family
member. A defective product could include anything from a part on your car
that did not work as intended (for example an air bag or a seat belt) to a
consumer product such as a child’s toy that causes injury to the child or a
prescription drug that causes dangerous side effects. If a product’s
defect causes an injury to you or a family member when the product is used as
intended, you may have a product liability claim. If you believe that your
injuries were caused by a defective product, contact
one of our experienced product liability attorneys or our defective product
lawyers. We will evaluate your claim for free and represent you on a
contingent fee basis, which means you don’t have to pay unless you recover
compensation
Miami,
Florida Products Liability Lawyers: Law Offices of Robert Rubenstein, P.A. -
We rely on the designers, manufacturers, and retailers of various items to
provide consumers with safe, effective, and appropriately labeled products. Yet
there are some instances in which a product with known defects or potential
risks makes it to the market unbeknownst to the public. Those injured by a
dangerous or defective product should speak with a Miami, Florida product
liability attorney at the Law
Offices of Robert Rubenstein, P.A. Our legal team is always on the side of
consumer rights. The parties responsible for a defective product that causes
injury or wrongful
death must be held liable for their actions. Whether the injury occurs due
to shoddy design, assembly errors, lack of pertinent warning labels, or poor
manufacturing, a Miami, Florida product liability attorney from our firm will be
here to help you. Our team is particularly committed to those who have been
injured as a result of vehicle
rollovers and tire defects. Speak with a Miami, Florida product liability
attorney today to learn about your rights as a consumer.
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