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Defective Product
Products Liability
Product defects can result in
serious personal injury as well as property damage. Florida product liability law treats
these claims differently.
Florida products liability law
governs the liability of product manufacturers, distributors, suppliers, retailers, and others who
make products available to the public, for injury caused by defective products, is known as
“products liability.” Florida products liability law also controls how to hold product
manufacturers accountable for injury to the product itself and other property
damage.
Personal Injury - Property Damage -
Design Defect Claim
A product defect claim based on
defective design focuses on that product as unreasonably dangerous. The design is flawed – or
contains a hazardous condition – that could be eliminated from the product, or guarded against, or
pursued under a theory that under current knowledge, the product could be made
safer.
In addition to elimination or
guarding against the hazard or defect, adequate and understandable warnings and warning devices can
be provided to the consumer who uses the product.
Personal Injury - Property Damage -
Manufacturing Defect Claim
A product may be unreasonably
dangerous and deemed defective because of its component parts, that is, the the separate products
or materials used to create, assemble, or construct the final product. Often, this claim arises in
the context of a product not working as it should, or that the product was not manufactured to its
intended specifications.
Personal Injury - Property Damage -
Products Liability - Warranty Claim
- Breach of express
warranty
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- the manufacturer or
seller made a direct promise concerning the product. For example, "This supplement will
make you smart."
- Breach of an implied
warranty of merchantability
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- the product is safe
when used for its intended purpose, and is of merchantable quality (worthy or
selling)
- Breach of an implied
warranty of fitness for a particular purpose
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- the product will
work and is safe when used for its purpose
Personal Injury or Property Damage
Caused by a Defective Product?
Contact a Florida product liability lawyer at the Harris Law Firm
today.
Allow us to evaluate your
product defect case, whether it resulted in personal injury or financial injury due to property
damage. Defective product claims are complex, and the limitations clock is always ticking against
your claim. Contact us today a free consultation.
Product Preservation is
VITAL!
You or your attorney can demand that the product be
preserved.
Some States, including Florida, under certain
circumstances actually provide for sanctions – including a claim for “spoliation” or destruction of evidence
– if a defective product is discarded and not preserved.
This means that efforts must be taken to prevent
alteration or change or destruction of the injury-causing product. Failure to preserve the product may result
in a products liability claim being dismissed.
Because Principle Does Matter.
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Vision. Values. Justice.
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