Defective Product • Product Liability

A product defect can result in serious personal injury as well as property damage.  Florida law treats these claims differently.

Florida products liability law governs the liability of product manufacturers, distributors, suppliers, retailers, and others who make products available to the public, for injury caused by defective products, is known as “products liability.”  Florida products liability law also controls how to hold product manufacturers accountable for injury to the product itself and other property damage.

Florida Personal Injury - Florida Property Damage - Design Defect Claim

A product defect claim based on defective design focuses on that product as unreasonably dangerous.  The design is flawed – or contains a hazardous condition – that could be eliminated from the product, or guarded against, or pursued under a theory that under current knowledge, the product could be made safer.

In addition to elimination or guarding against the hazard or defect, adequate and understandable warnings and warning devices can be provided to the consumer who uses the product.

Florida Personal Injury - Florida Property Damage - Manufacturing Defect Claim

A product may be unreasonably dangerous and deemed defective because of its component parts, that is, the separate products or materials used to create, assemble, or construct the final product. 

Often, this claim arises in the context of a product not working as it should, or that the product was not manufactured to its intended specifications.

Florida Personal Injury - Florida Property Damage - Florida Product Liability - Warranty Claim

• Breach of express warranty
• • The manufacturer or seller made a direct promise concerning the product.  For example, "This supplement will make you thin."
• Breach of an implied warranty of merchantability
• • The product is safe when used for its intended purpose.
• Breach of an implied warranty of fitness for a particular purpose
• • The product will work and is safe when used for its purpose.

Personal Injury or Property Damage Caused by a Defective Product?

Contact us to evaluate your product defect case, whether it resulted in personal injury or financial injury due to property damage.  Florida product liability claims are complex, and the limitations clock is always ticking against your claim.  Contact us today a free consultation.

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