Product Liability Law

Product Liability Law: A General Overview

When people are hurt or even killed by dangerous or defective products in Florida, we turn to product liability law to determine the extent of legal liability of the faulty product’s designer, manufacturer or seller. Anyone along the chain of manufacture and distribution of the dangerous product may be liable.

Tracing back the parties responsible for the defects can be quite complicated when you consider all of those involved in putting a product out into the stream of commerce. For example, at the top of the chain, we see product designers, manufacturers of component parts, and assemblers. Moving on down the supply line, we see wholesalers, distributors, and retailers.

There is no one federal law to govern product liability cases, although federal agencies may set standards via regulations with regard to particular products or industries. As such, the general legal standards applicable in each product liability case vary by state law. That is why if you are injured by a dangerous or defective product in Florida, it is important to retain counsel who knows the laws, including all applicable federal and state regulations.

Who Can Bring a Product Liability Action?

Contrary to what you many think, you don’t have to be the person that purchased a product in order to be able to sue for injuries stemming from the product. Anybody that is hurt by a defective product may file a lawsuit. For example, if you borrow a defective product from a neighbor and are injured, you can still pursue a product liability claim.

Varieties of Product Defects

The three most common defects alleged in product liability lawsuits are briefly described below:

  1. Design Defects - Design defects occur where the product design is inherently dangerous or unreasonably safe from the start. If the risks of the product outweigh its benefits, it could be defective. If a toy manufacturer designs a toy with tiny, detachable and easy to swallow parts, there is a choking hazard for children, and the product is likely defectively designed.

  2. Manufacturing Defects - A manufacturing defect is an unintentional defect in the manufacturing or assembly process. Poor workmanship and damage to materials during production of a product are examples of manufacturing defects. A more specific example is a lamp that overheats because of faulty wiring.

  3. Failure to Warn Defects - Many products pose significant dangers to consumers. It is impossible to live in a world with no dangerous products. Knives, power tools, and even garage door springs, for example, carry inherent risks. However, often these dangers can be mitigated with proper product warnings. Failure-to-warn defects arise when the manufacturer or seller fails to provide adequate notices of dangers posed by products. Case in point, mistakes on product labels, failure to provide basic safety instructions, and lack of notice of latent dangers are all failure to warn defects.

Greenberg, Stone & Urbano, is a Miami-based personal injury firm with several offices in other Florida locations. Our product liability attorneys have over a century of combined experience litigating and negotiating product liability cases. We invite you to review our credentials and some of the past product liability lawsuits successfully litigated by our firm. As you will see, we have a diverse background in product liability cases, which helps us better understand how to advocate for you in your product liability case.

Contact Our Miami Product Liability Attorneys Today For Your Free Consultation

The Miami-based firm of Greenberg, Stone & Urbano employs attorneys who have over 100 years of combined experience with injuries caused by product defects. Our team of personal injury lawyers handles all types of product liability cases and more. Because of our consummate legal representation, our attorneys have been named “Superlawyers,” recognizing them as some of the finest lawyers in America. Our attorneys have also earned a rating of “AV” by Martindale Hubbell and have been voted “South Florida’s Top Rated Lawyers” by the Miami Herald. Call Greenberg, Stone & Urbano to schedule your free consultation today. You may contact us through our website or call us at (888) 499-9700 or (305) 595-2400.