Product Liability Litigation

Products liability cases deal with recourse for personal injury or property damage which results from the use of a product. Product liability law is a blend of tort law and contract law and involves legal principles created to deal with the complexities of business in the marketplace. The three main theories of products liability law are negligence, strict liability, and breach of warranty. An injured party may choose to move forward on any or all of these three theories.

What is a product?

Florida courts have defined a product as any item that a Manufacturer sells for profit by offering the product into the marketplace for sale or purchase by the general public. Logically, a products liability action may apply to injuries caused by products such as automobiles, medical devices, power tools, or any other product designed and manufactured for human use. Our firm has prosecuted products liability cases involving inadequate roof structure for automobiles, inadequate crashworthiness of automobiles in side impacts, recalled medical products and other devices including heart defibrillators, and lack of safety features on farm tractors. In support of these cases, we have purchased automobiles, tractors, sophisticated medical devices, and other products to allow the jury to both see and feel the actual product involved in the serious or catastrophic injury. There is no substitute for attention to detail in these complex cases.

Product manufacturers have a responsibility to create reasonably safe products

Consumers purchase products assuming they will do what they claim and not pose to the user and unreasonable risk of injury. Manufacturers have a duty to design, manufacture, as and assemble products that are reasonably safe for consumers. When a manufacturer fails in regard to this responsibility, they may be held accountable for their actions or omissions. Manufacturers also have a responsibility to alert consumers of potential problems the manufacturer learns about related to their products. Inaction in the face of such knowledge can be a basis for manufacturer accountability.

If you have suffered an injury as a result of use of a dangerous product, you may be entitled to compensation under Florida law. The decision to higher product liability attorneys to prosecute your case is an important one, and attorneys who are experienced and knowledgeable in handling products liability cases are essential to obtaining full and fair compensation.

 

ATTORNEY PROFILES

GREGORY A. PAGE is a trial lawyer who focuses his practice on complex civil litigation…
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STEVEN S. EICHENBLATT concentrates his practice primarily in the area of personal injury… Read more»