Product creators and providers have a duty to provide products that work as intended. A defective product could result in customer injury or death, which opens up the product creators and providers to product liability lawsuits.
According to Florida law, parties involved in the manufacturing, construction, design, formulation, installation, preparation, or assembly of a product may be held liable if the product causes injury due to any of the involved parties’ negligence, breach of warranty, or similar failure to uphold safety standards.
What qualifies as product liability negligence in Florida?
Negligence involves a breach of an expected duty of care, whether through action or inaction.
There are four key elements to a viable product liability negligence claim:
- Proof of the provider’s duty of care to provide a safe product
- Proof of product was defective and those involved in its creation or provision breached that duty of care
- Proof that the product’s defect caused the injury or death in question (this includes injury to property)
- Proof that the person injured or killed by the defective product was using the product as intended
Proving the defendant(s) breached their duty of care may involve what’s known as the Hand Formula. This is when the burden of taking precaution is weighed against the probability and severity or gravity of the potential loss or harm.
Here are some examples of what qualifies as product liability negligence:
Lack of Product Testing
Companies may not always thoroughly test a product, which means it is more likely to suffer defects or cause unintended effects that could be dangerous, whether immediately or in the long run.
Failure to Warn
In the case of products that are inherently dangerous or are known to have risks that could cause injury, product creators and suppliers have a duty to warn customers of the risks that accompany proper or foreseeable product use.
However, it’s not always the end-user who is entitled to a warning. A seasoned Florida product liability attorney will know what options are available to you. Contact Lytal, Reiter, Smith, Ivey & Fronrath for a free case evaluation.
Subcategories of failure to warn may include lack of necessary instruction, lack of necessary labels, misplacement of labels, and similar issues that ultimately lead the customer to use the product without knowledge of its risks or dangers.
Exacerbated Injury Due to Product Defect
An example of this type of case would be if you were in an accident and suffered injuries that wouldn’t have been as severe if not for a defective product, such as a seatbelt or airbag.
What should I do if I’ve been hurt by product liability negligence?
Work with an Experienced Florida Product Liability Attorney
When it comes to product liability negligence lawsuits, you must work with an experienced product liability attorney who will be able to create informed theories of negligence and analyze evidence to discover relevant faults in the product’s creation, marketing, or supply chain.
The product liability attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have won their clients millions of dollars in settlements. That compensation can help pay for medical fees, medications, lost wages, and the sometimes invisible cost of mental anguish and suffering.
In Florida, you only have four years from the date of the incident to file a product liability lawsuit involving injuries. For product liability lawsuits involving a death, the statute of limitations shrinks to only two years. Reach out to us today at 561-867-4117 or visit our website to claim your free, no-risk consultation. Let us help you get the compensation you deserve.