Products Liability 2018-01-02T15:52:15+00:00

Products Liability

Florida law requires that manufacturers and sellers of products ensure that their products are not in any way defective or dangerous to users. Companies must provide proper warning if any part of their product is unsafe or if using the product in a certain way could be hazardous to the user’s safety or health. Many of the injuries or deaths that are the result of defective products could have been avoided if manufacturers designed better products and manufactures and sellers of those products followed the law and properly warned users of product dangers. The attorneys at PETION LAW believe that companies who don’t follow the law should be held accountable.

In Florida, either the person who was injured or the family of a person who has died as a result a defective product can file a products liability claim, if they can prove that the product was already dangerous when it left the manufacturer’s control and there was no warning to indicate the risk of an unreasonable danger. There are several types of claims that can be made when injuries or death result from a product:

Defective Design of a Product

In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that the design could cause injury or death to the user of the product. Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.

  • The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product. If this can’t be done then:
  • The dangerous condition of the product must be guarded against. If the dangerous condition of the product can’t be guarded against then:
  • A warning must be given that the dangerous condition of the product can cause injury or death 

In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

A Flaw in the Manufacturing of the Defective Product

In a manufacturing flaw case, the claim is that the injury or death was caused by a flaw in the manufacturing of the defective product and that the product was not manufactured properly which resulted in a dangerous condition that made the product defective and dangerous and caused injury or death.

In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

Manufacturers’ Failure to Warn

The manufacturer of a product which is reasonably certain to be dangerous if used in a way which is foreseeable, is under a duty to give adequate warning of any danger known to him or which in the use of reasonable care he should have known and which the user of the product would have not ordinarily discovered.

In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

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