Aggressive Product Liability Lawyer Representing Florida Clients in Port St. Lucie and West Palm Beach
If you have been injured or suffered other damages due to a defective product, you may be entitled to compensation under Florida state law. More often than not, Florida laws governing products liability require that you prove that the product was defective and that you were injured and/or suffered a loss because of it. You must also prove that you were using the product as it was intended to be used or in a reasonably foreseeable manner at the time of the accident.
What Constitutes a Defective Product
There are two main types of defective products: manufacturing defects and defects. In addition, a product may be deemed defective due to inadequate warnings.
Design Defect: Is the Product Unreasonably Dangerous?
You may encounter more difficulty if your products liability suit rests on the argument that the product was manufactured correctly but the design of the product was simply flawed. In this scenario, you will need to prove that the danger created by its design was unreasonable. This means you have to prove that the product failed to perform as safely as an ordinary consumer would expect, or that the risk of danger in the design outweighs the benefits. Keep in mind, however, that simply because a product is dangerous in some way doesn’t always mean that the manufacturer or retailer is liable for any and all injuries that may result. Under Florida law, the product has to be “unreasonably dangerous.” Perhaps the most illustrative example of this point is a sharp kitchen knife — i.e., if you cut yourself while cooking, the manufacturer and/or retailer will not be held liable.
Failure to Warn
Products liability suits are more often successful when you can demonstrate that the dangerous quality of the product was not obvious to the average consumer. In such cases, financial liability may depend upon whether the warnings and instructions provided by the manufacturer and/or retailer were reasonably sufficient — i.e. easily identifiable. Under Florida law, a product’s warnings must be commensurate to the risks associated with the product.
Any manufacturer, supplier or Florida retailer that collectively comprises the chain of distribution involving the defective product may be strictly liable to the injured party. Wherever possible, do your best to name these connected companies as defendants when filing a products liability claim.