Product Defects • Product
Liability
Defective products which result in injury fall into a category of law known as
“products liability.” Injury may be personal injury or damage to property, including damage to the product
itself.

There are a wide range of products that, when defective and cause injury, may
become a products liability case, whether the product defect is a design defect, manufacturing defect, or a failure
to warn:
- automobile rollover
- SUV rollover
- vehicle roof crush
- defective tire
- children’s toys
- household products, appliances
- industrial products, including machinery, equipment
- agricultural products
- heavy machinery
- scrapers
- augers
- cherry pickers
- swimming pool drowning
- spa drain entrapment
- prescription drugs
- over-the-counter medicine
- pet products which harm pets
- food poisoning or food-borne illness
Product defects can result in serious personal injury as well as property damage.
Florida 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 laibility.” Florida products liability law also controls how to hold
product manufacturers accountable for injury to the product itself and other property damage.
Product Liability Resulting in
Personal Injury 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.
Product Liability Personal
Injury 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.
Products Liability - Warranty
Claim
- Breach of express warranty: the manufacturer or seller made a direct promise
concerning the product. For example, "This supplement will make you thin."
- Breach of an implied warranty of merchantability: the product is safe when
used for its intended purpose.
- Breach of an implied warranty of fitness for a particular purpose: the
product will work and is safe when used for its purpose.
Personal Injury Caused by a Defective
Product?
Contact the Harris Law Firm 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.
When you contact the Harris Law Firm to pursue and prosecute your naples product
liability claim, then know that your case will be personally handled by a product
liability lawyer naples injury victims can trust to be experienced, ethical, and dedicated to you and your
family.
Contact us today a free consultation.

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