Sometimes bad products cause injuries
Manufacturers, distributors, and retailers are responsible for the safety of the products they put out into the marketplace. But sometimes their products are harmful. Product Liability law protects the public from the individuals and businesses who market products that lead to unnecessary injuries.
Common types of products liability include:
- Defects in design
- Defects in manufacture
- Marketing defects (failing to warn of potential danger)
Defects in Design
If the risk of a product outweighs its benefit to the consumer, the design may be legally defective. And, even though a product may be designed and manufactured with great care, if the product design itself is inherently dangerous, it may also be legally defective. Consumers should have an expectation of products being designed to be safe to use.
Defects in Manufacture
Quality of materials and quality of manufacture are important for a safe product. Careless assembly and construction can lead to injuries from a product, and are considered defects in manufacture.
Even a well-designed and manufactured product that performs well overall for its intended purpose may present dangers not immediately obvious to the consumer. Adequate warnings must be provided to the user to alert them to the potential danger—small parts, parts that may heat up during use, etc.
Elements of Product Liability– Negligence
In the state of Florida, several elements must be present for negligence in a product liability case:
- The manufacturer has a legal duty to design and manufacture a product reasonably safe to use
- The manufacturer fails to comply with that duty
- Someone is injured, and that injury was caused by the failure to comply
- Damages resulted from the injury
Note that negligence is a result of the actions of the manufacturer. There is another type of liability claim which focuses on the product itself—strict liability claims.
Elements of Product Liability—Strict Liability
Florida law requires several elements be present for a strict liability case:
- The injured party utilized the product
- The product had a defect which caused it to be unreasonably dangerous
- The defect caused damages to the injured party
Have you or a loved one been injured due to a bad product?
If you or a loved one has been injured by a bad product, or a product that should have carried a better warning label, you can receive compensation for the damages suffered, and your medical expenses as well. Before you speak with a manufacturer, retailer, distributor, or their insurance company, the attorneys at Thomas and Pearl want to speak to you.
$150 MILLION in verdicts and settlements
Bad products can lead to serious injuries—even death. And the bad products are often manufactured or distributed by well-financed companies. Thomas & Pearl attorneys have the skills and training, plus the financial resources necessary to take on the big companies, and to negotiate settlements favorable for our clients. And Thomas & Pearl Attorneys will absolutely litigate to protect your rights and get you the compensation you deserve.
- Ask about our experience as attorneys helping victims of product liability.
- Ask about the more than $150M (MILLION) dollars in recent and past jury verdicts and settlements we have gained for our clients.
- We’ll evaluate your case situation with you, develop a strategy to win or successfully negotiate the highest amount of compensation for you.
- Experienced legal help can make the difference between a successful resolution and losing in court. And you pay nothing unless we get that successful resolution for you.