Product Liability Cases

Product Liability Cases in Florida

Products liability cases are the result of an individual’s personal injuries following the use of a product. Generally, a product is defined as an item manufactured for profit and offered for sale and purchase to the public. In a product liability case, the injured party may recover compensation for personal injuries under tort law, contract law, or both. Within the areas of tort law and contract law, the injured plaintiff may recover compensation through the application of any of the three legal theories: negligence, strict liability, and breach of warranty. Under Florida law, a person may assert a product liability action based on each of these three theories if there is enough evidence to support a claim based on all three theories. Clients must remember however that the law does not permit a double recovery. As such, even though an individual has enough evidence to bring a claim based on negligence, strict liability, and breach of warranty, the court will award only a single judgment for damages in favor of an injured plaintiff.

In all products liability cases, three elements must be proven with enough evidence for the injured party to recover compensation from the at fault party. Regardless of whether the injured party’s underlying legal theory is based on negligence, strict liability, or breach of warranty, the plaintiff must prove the following elements: that a defect was present in the product, that the product caused the plaintiffs injuries, and that the defect in the product existed at the time the manufacture, retailer, or supplier gave up possession of the product. In order to recover compensation for injuries or deaths caused by a product, an individual must establish that the product was defective. A product may be defective by way of a design defect, manufacturing defect, or an inadequate warning. In many products’ liability cases, defendants often attempt to prove that a product was not defective because it complied with design and manufacturing standards. Florida courts do permit evidence that a manufacturer, retailer, or supplier complied with industry standards, but this proof will not be accepted as conclusive evidence. As such, the introduction of evidence indicating conformance with industry standards may be admitted as proof that a product was not effective. However, compliance with industry standards will not automatically be interpreted as a total release from liability. Just as evidence of a defendant’s compliance with industry standards is permitted as evidence in a products liability action, the courts will also allow evidence of the occurrence or non-occurrence of prior accidents concerning a certain product under similar circumstances. This information may be permitted solely to prove the dangerous nature of a product or the defendant’s knowledge of a product’s risks. 

Are You Looking for a South Florida Products Liability Attorney

There are many types of defects that can be found in products sold to consumers. When a product is defective, it can lead to personal injuries. Products liability lawsuits allow for injury victims to pay for medical treatment when an injury is sustained. Our firm is dedicated to making sure that those responsible for injuries are held accountable for their carelessness. We help clients injured by a negligent person or business by forcefully tracking down the responsible parties down in order to make sure injury victims can be compensated properly. If you have been injured by a defective product, contact our office today to learn more about how we can assist you. Whether you simply want to discuss your case with a personal injury lawyer to get some insight on your legal rights and responsibilities or you want to hire a lawyer to completely handle your personal injury claim, you don’t just want to hire any lawyer. You want to make sure you hire a lawyer who is experienced in personal injury law and one you will feel comfortable with. If you have been injured by a defective product, do not hesitate to contact the product liability attorneys at Suarez & Montero to receive your free consultation. We serve clients throughout Florida including those in the following areas: 

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester. 

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.