Products Liability

Under products liability law the manufacturer, distributor, seller and/or installer may be liable for injuries caused by a defective product.

The world is filled with products which are carefully designed and manufactured with the safety of the user or consumer in mind. But what happens if a product has a defective design or something goes wrong during the manufacturing or assembly process which results in a defect which causes serious injuries? The manufacturer of the product may be liable  for your damages, and additionally the manufacturer of a component part, an installer, and/or a retailer may bear responsibility as well, under the products liability law.

Sometimes a manufacturer will issue a recall, which is done when a company is aware that a defect in the product exists. In many cases, this happens after the product has caused injuries or deaths and it is deemed to be unsafe for continued use.

Almost any product can cause injuries, but some of the more common products which have caused serious injuries that resulted in products liability cases, include the following:

  • defective airbags
  • defective tires
  • gas pedal defects
  • defective seatbelts and/or component parts
  • defective sports equipment
  • dangerous defective toys
  • unsafe medications
  • lack of warning of medication side effects
  • faulty machinery
  • tobacco products
  • e-cigarettes (vaping products)


Proving liability in a products liability case in Florida

As in all personal injury cases, the Plaintiff has the burden of proof and must prove liability, causation and damages. A products liability case can be one of the more complex types of negligence cases. The lawyer you hire must have the necessary knowledge and experience to know what type of evidence is needed and how to get it, in order to get the best result in your products liability case. The product itself is a critical piece of evidence in every products liability case, however sometimes the product may no longer available for examination for a variety of reasons. The product could have been completely destroyed due to its own malfunction such as in the case of an explosion, or could have been disposed of by parties who were unaware that it was defective and caused someone to be injured. Most products liability cases require the use of experts, but particularly in a case where the product is not available and a prototype must be used the expert becomes even more important. Other important pieces of evidence in proving a products liability case are photographs, surveillance video, design diagrams and schematics, eyewitness testimony, incident reports, prior complaints, knowledge of product defects, repair and/or maintenance records, and records of similar incidents. The specific evidence needed to prove liability and causation are different in every products liability case. Product recalls often lead to further evidence of product defects. The Food and Drug Administration (FDA) provides valuable information on products which have been subject to recalls, market withdrawals, and safety alerts, but only for products that are regulated by the FDA. The Consumer Product Safety Commission (CPSC) is another valuable resource for information concerning recalls, product safety, and regulations, law and standards.

The attorney you hire for your products liability case can make the difference in whether or not you will get the compensation you deserve. We have over 30 years of experience battling large insurance companies and corporations and will fight exhaustively to obtain the best possible result for you and your family. Call now for your free consultation.

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Call 954-640-7800 and schedule your free consultation. We will handle your case with compassion and will fight for you every step of the way.

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