Florida law classifies defective product lawsuits as design defects, manufacturing defects, or failure-to-warn defects. These cases are generally analyzed by the courts under strict product liability or negligence theories. In contrast to negligence cases, strict product liability does not take into account the intent of a party; plaintiffs only need to prove that a product is defective. The theories can overlap in some cases, but the vast majority of claims fall into strict product liability.
Florida product-liability suits are typically divided into three types, depending on what the problem is with the product or the conduct of the manufacturer. Design defects, manufacturing defects, or marketing defects can be the cause of a claim. A claimant may assert that the design of a product makes it inherently dangerous. Claimants generally must prove that the product fails the “consumer expectations test,” which states that a product will be unreasonably hazardous if it doesn’t perform as a person would reasonably expect. A marketing defect occurs when the manufacturer, or any other person in the production chain, fails to give adequate instructions or warnings. Claimants in these situations may claim that the product was unreasonably unsafe because of the lack of warnings. Manufacturing defects occur when the design of a product is safe but a manufacturing error renders it unsafe.
These claims are based on the fact that a product must be “unreasonably hazardous”. The term “unreasonably dangerous” is vague but courts define it as a product that is more dangerous than a normal consumer would consider the product to have been. Recently, an appellate court published an opinion on whether a product is unreasonably hazardous. In this case, the plaintiff worked on a trailer made by the defendant. He fell and was injured when he slipped while loading the dumper trailer. He claimed that the manufacturer had been negligent and strictly liable for designing and manufacturing a product with no safety features that were unreasonably hazardous. He provided expert testimony that the spacing and width of the steps did not meet safety standards. The appellate court concluded that the lower court made a mistake in ruling in favor of the defendant because there was an issue of fact as to whether the product was unreasonably dangerous.
Did You Suffer Injuries After a Florida Accident
Contact W. Lee Clark & Associates if you or someone close to you has been injured or killed in a Florida Product Liability accident. Our attorneys have handled many cases involving defective products, premises liabilities, motor vehicle accidents, and workplace injuries. Our attorneys are familiar with the tort laws that apply to these types of cases and can use their litigation skills and legal knowledge to help clients receive full compensation for their injuries. In these cases, compensation may be paid for medical treatment, continuing medical expenses, loss of wages, funeral expenses, burial costs, and pain and discomfort. Call our office to arrange a free consultation with an attorney from our Florida personal injury law firm.
W. Lee Clark & Associates is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, Defective product lawyer North Port FL, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!
