Products Liability Claims in Florida
Manufacturers and other vendors have a duty to ensure that any products placed on the market are free of defects and safe for consumer use. Recently, several lawsuits have been filed due to the dangers associated with hoverboards, a popular scooter device that resembles a skateboard. Many states, including Florida, have implemented laws that will hold companies liable if they fail to protect consumers. These laws fall under the tort remedy of products liability and protect consumers from defective products that may cause fatal injuries and fatalities. If you or someone you know has been injured by a defective or dangerous product, the attorneys at our office are available to consult with you to determine whether you have a cause of action.
Types of Hazards creating Products Liability
Hundreds of lawsuits are initiated each day from hazards relating to toys, appliances, automobiles, and more. In fact, just about any consumer good that is hazardous may give rise to a products liability claim. Products liability claims usually fall into one of the following three categories:
- Design Defects: A design defect is a defect when planning the product, which creates a hazard upon use. A design defect is something that is planned and is common amongst all of the products; for instance, one common example of a design defect is an electric blanket that produces an electric shock when the product is turned on high.
- Manufacturing Defects: A manufacturer’s defect is one that occurs when making the product that creates a hazard. It is a defect that is unplanned and will only exist in certain products. Using the same example of an electric blanket, a manufacturer’s defect is one that causes some, but not all, of the products to produce an electric shock when the product is turned on high.
- Marketing Defects: A marketing defect is not a defect in the product itself, but a defect in the way the product is advertised or promoted. When a product is advertised in such a way that is inappropriate or dangerous, the manufacturer or seller will be responsible for any injuries caused. In addition, failing to warn consumers of the dangers involved when using a product can subject an individual to liability.
Who is liable for a Defective Product?
In products liability cases, compensation may be recovered from either the manufacturer, distributor,and/or a retailer. Generally, anyone in a product’s chain of distribution could potentially be liable for an injury. A chain of distribution is anyone who has handled a product from the time it left the manufacturer’s warehouse to the time in which it was stocked in the store for purchase by a customer.
Contact an Attorney
The attorneys at Eighmie Law Firm, P.A. are experienced personal injury attorneys in Port St. Lucie, Florida. We understand how devastating an injury is and the impact it has on the entire family. If you have been injured by a product, contact Eighmie Law Firm, P.A. for an initial consultation. We will investigate the circumstances surrounding your injury to determine whether you have a products liability claim.