Each year, millions of people are injured because of defective products. Product liability cases in Florida aim to protect consumers and hold manufacturers, distributors, and sellers responsible for the safety of their products. A Florida product liability case involves taking legal action against a manufacturer, distributor, and/or seller for injuries and damages caused by a defective or dangerous product.
Stores, companies, manufacturers, and distributors have a legal obligation to provide consumers with safe products, and if a product could be dangerous or cause harm, there must be a clear and adequate warning.
At 305 HURT, we have successfully recovered hundreds of thousands of dollars for clients who were injured as a result of a defective and/or dangerous product.
Product liability cases can be complicated, and hiring an experienced products liability attorney is important to get the compensation that you deserve.
In Florida, product liability cases can be based on the following theories:
Design Defects: The product was inherently unsafe due to its design, making it dangerous for consumers.
Manufacturing Defects: The product was properly designed, but was flawed during the manufacturing process, leading to the creation of an unsafe product that does not perform as intended.
Failure to Warn: The product did not come with adequate warnings or instructions about its risks, which could have prevented injury.
An injured consumer can bring a product liability claim based on negligence, strict liability, or breach of warranty.
To succeed on a negligence theory, the consumer must prove that the manufacturer, seller, and/or distributor had a duty to provide or create a safe product, and that manufacturer, seller, and/or distributor breached their duty, and that breach caused the injury to the consumer.
Florida also allows for a “strict liability” standard for product liability cases. This means that a manufacturer, seller, and/or distributor can be held liable for a consumer’s injuries even if they were not negligent; however, the consumer must have been using the product as it was intended to be used. Using this standard, the injured party does not have to prove negligence, only that the product was defective and caused harm.
A breach of warranty legal standard involves claims that a product did not meet certain promises or guarantees regarding its quality or performance. There are two main types of warranties relevant in these cases: implied warranty and express warranty. In Florida, proving a breach of warranty does not require demonstrating negligence; instead, it focuses on the failure of the product to conform to the warranted quality or performance standards. To succeed using this standard, a consumer must prove that the product was sold in a commercial context and the product failed to meet the standards of merchantability, or was not suitable for the intended purpose.
If you or a loved one has been injured as a result of a dangerous or defective product, contact 305 HURT today for a free and confidential consultation and case evaluation at 305-865-9100.
While we are based in Miami, we handle cases that happen anywhere in the state of Florida. We are dedicated to helping you get maximum compensation.
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