If you have been harmed by an unsafe product, you may have a lawsuit against those who designed, manufactured, sold, or furnished it.
Theories of liability in product liability actions include: breach of warranty, negligence, strict liability and various consumer protection claims.
Under Florida law, the elements for negligence in a products liability case are: (1) the manufacturer had a legal duty to design and manufacture a product reasonably safe for use; (2) the manufacturer failed to comply with that duty; (3) plaintiff suffered an injury that is legally caused by the manufacturer’s breach of duty; and (4) plaintiff suffered damages.
In strict liability cases, liability will be found even if the defendant acted without negligence. Sometimes called absolute liability, strict liability, in essence, merely requires the Plaintiff to prove that the Defendant was involved in the purposeful sale or transfer of a product that was in a defective or unreasonably dangerous condition when it reached and subsequently injured the Plaintiff. Stated differently, in order to prevail in any products liability action based on strict liability, the plaintiff must allege and prove: 1) the manufacturer’s relationship to the product in question; 2) a defect in the product; and 3) the existence of a proximate causal connection between the defective product and the plaintiff’s injury.
There are three basic types of strict liability cases: manufacturing defects, design defects, and failures to warn.
Examples of a manufacturing defect include:
- a swing set with a cracked chain,
- juice containing a poisonous substance, or
- a motorcycle missing its brake pads.
Design defects include:
- a vehicle that tends to flip over when turning sharp corners,
- car tires that tend to “blowout,” or
- electric blankets that can cause fires when turned on high.
Failure-to-warn claims include:
- a medication, such as Xarelto, that does not include a warning label that it may cause dangerous side effects if taken in combination with another commonly taken drug,
- an electric heater that is packaged without sufficient warning concerning its dangers,
- a chemical that is sold without adequate instructions for safe handling and use.
If you believe you have a products liability case in Tampa, St. Petersburg or elsewhere in the state, please contact a Tampa products liability attorney at our firm without delay. After a thorough evaluation of your situation, we will determine how best to proceed to help you recover the compensation you are entitled to.
Do you need a Tampa lawyer with product liability experience? Contact a Tampa Bay Product Liability Attorney at our firm for a free consultation today!