Defective Product Liability
Companies have a duty to design, make and distribute a product that is reasonably safe for its intended use. Unfortunately, each year a number of Floridians are injured due to defective and dangerous products. These are products that despite being used in the manner intended by the maker or seller, still prove harmful to consumers who purchase and use them.
Fortunately, the parties responsible for injuries caused by such products can be held accountable under products liability laws. A law suit against parties involved in the manufacturing and supply chain of a defective product is known as a products liability case. Possible defendants may include manufacturers, testing labs, distributors, retailers, assemblers, component suppliers, or repairmen.
The main types of liability in a products liability case are: negligence, strict liability, warranty breach, and fraud.
- Negligence Cases: failure to warn, marketing/advertising defects, negligent product design, negligent product manufacture, failure to test or inspect product, negligent failure to provide safety devices, breach of consumer protection laws
- Strict Liability Cases: Design Defects, Manufacturing Defects
- Design defects are flaws in the intended design of a product that cause it to be unreasonably dangerous.
- Breach of Product Warranty Cases: Breach of Express Warranty, Breach of Implied Warranty
- Fraud and Fraudulent Concealment Cases: Fraud/misrepresentation occurs where the plaintiff relies upon a representation (such as a verbal statement, or a product label) that proves false and harms the plaintiff. The plaintiff would have a fraud claim and perhaps a warranty claim as well.
- Manufacturing defects are when the product does not conform to the specifications of the designer or manufacturer.
Products liability cases are often very complex and require an attorney with years of experience handling product defect cases. Jeffrey R. Davis, P.A. has represented victims of defective and dangerous products, ranging from poorly designed automobiles, dangerous exercise equipment, defective electrical products to commercial garbage compactors.
The firm has also represented victims of defective marketing/advertising including improper labeling, inadequate instructions, and failing to warn of hidden dangers of product use.
A person injured by a product, in addition to proving injury, must prove that the product is actually defective in order to prevail in a products liability case.
Contact Jeffrey R. Davis P.A. to learn about your legal rights. Submit a free case review or call (305) 577-3777 to speak with an attorney. Our attorneys will speak with you in English or Spanish/Sé Habla Español.