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Product Liability Law in Florida

On Behalf of | Jan 28, 2019 | Personal Injury


It’s no secret that America’s economy runs on consumer goods. Given the sheer volume of products that are manufactured, shipped and purchased, mistakes are inevitable. Organizations like the Consumer Product Safety Commission and laws established by the federal government were created to regulate this process, but it’s not always an adequate measure to guarantee the safety of products distributed to consumers.

Every year, unsuspecting people by the thousands get sick or sustain injuries as the result of using defective products. Some of the injuries are fatal. By thoroughly analyzing the facts surrounding your case, a skilled defective products lawyer can protect your rights if you or a loved one has been sick or hurt because of a defective or dangerous product.

The Background of Product Liability

Product liability is holding the seller or manufacturer of a specific product responsible for the defective product reaching the hands of consumers. Unlike laws that govern other aspects of personal injury, the laws that regulate product liability are different.

The difference is that there are no federal laws that govern product liability. It’s up to each individual state to set their own statutes that keep consumers safe. Those protections will hold sellers and manufacturers accountable if they breach the warranty or engage in any other negligent acts.

There are different types of hazards that can make a product dangerous:

  • Design defects are ones inherent in the flawed design of the product making it unsafe.
  • Manufacturing defects are not in the design, but occur during the assembling or manufacturing of the product.
  • Marketing defects occur if the product was labeled incorrectly, doesn’t adequately detail safety warnings or contain enough information on the proper use of the product.

Product Liability Law in Florida 

The law of strict product liability in Florida dictates that a defendant is strictly liable for any injuries sustained by a plaintiff if the product used by the plaintiff is in a condition that’s unreasonably hazardous.

A product is unreasonably hazardous if:

  • the product fails to perform safely when used in a way an ordinary consumer would use it or
  • the product fails to perform in a way that’s reasonably foreseeable by the manufacturer or
  • if the design of the product presents risks that outweigh its benefits.

In Florida, the manufacturer, distributor and the seller may be held accountable, with no consideration of actual negligence, as long as the product purchased was determined defective as outlined above.

Under the laws governing negligence or product liability, if you have been injured as the result of a defective product, you may be eligible for monetary damages to pay for your injuries.

Work with a Defective Product Lawyer Vero Beach

Personal injury claims that address workplace injuries, car accidents, and other frequent mishaps may also involve a defective product. The Vero Beach lawyers at Vocelle & Berg, LLP can help you gain a better understanding of whether you have a viable product liability claim.

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