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Types of Product Liability Claims

Most individuals are not experts in tort law. For the average person, it can be challenging to determine how to sue the manufacturer or retailer of a product after being injured by a defective product. In such cases, it’s important to obtain help from an experienced products liability lawyer who understands the issues surrounding products liability cases. In this blog post, we will briefly explain the different types of product liability claims in Florida and how each claim is established in court.

Types of Product Liability Claims in Florida

Products liability can be based upon a theory of strict liability, negligence, or breach of warranty. For a plaintiff to recover damages in a strict liability claim, a plaintiff must prove several elements. First, a plaintiff must prove that the product was defective in manufacture, design, or in failure to warn of its risks. Next, the plaintiff must prove that the defect was in existence at the time the product left the Manufacturer’s control. Finally, the plaintiff must prove that the alleged defect caused the Plaintiffs’ damages while it was being used in the manner it was intended to be used or in a way that is reasonably foreseeable. Additionally, to be subject to a strict liability lawsuit for a defective product, the defendant or manufacturer must be in the business of selling or otherwise distributing products of the type that harmed the plaintiff. For instance, any merchant who is in the chain of distribution as a commercial manufacturer or supplier can potentially be liable.

When is a Product Considered Defective?

A product is defective when, at the time of the sale or distribution, it contains a manufacturing defect, a design defect, or inadequate instructions or warnings. The product must have left the manufacturer in a dangerous condition, without alteration between the time it is distributed by the manufacturer and the time it reaches the consumer. As for a manufacturing defect, a manufacturing defect is a deviation from what the manufacturer intended the product to be that causes harm to the plaintiff. The test for the existence of such a defect is whether the product conforms to the defendant’s own specifications. Once a plaintiff has alleged a design defect, it is the court’s job to determine if a product was in fact unreasonably dangerous due to a design defect, courts in Florida use one of two tests: the consumer-expectation test or the risk-utility (feasible alternative) test. Florida courts are currently split on which test applies. If the court decides to apply the consumer-expectation test, the key threshold question will be whether the product includes an unreasonably dangerous condition not contemplated by the ordinary consumer. If a court decides to apply the risk-utility test, the key threshold question will be whether the risks posed by the product outweighs its benefits. A plaintiff must prove that a reasonable alternative design was available to the defendant and the failure to use that design has rendered the product not reasonably safe. However, the alternative design must be economically feasible. As for a failure to warn defect, the elements for a failure to warn defect will be met if there is a foreseeable risk of harm that is not obvious to an ordinary consumer or user of the product and said risk could have been avoided or reduced if the manufacturer would have provided instructions or warnings.

Speak with a Products Liability Attorney Today!

If you or someone you love has been injured by a defective product, talk to a products liability attorney about your options going forward. There is no substitute for quality legal advice in these types of situations. The product liability attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida and help you present your case against the at fault party. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case 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.