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.

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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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Vision. Values. Justice.^SM

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