Boca Raton Product Liability Lawyer
We all rely on a host of consumer products in our daily lives. Unfortunately, some of those products may suffer from defects in the design or manufacturing process that end up causing serious injury–even death–to the innocent consumers who use them. If that describes your situation, or that of a close family member, the Boca Raton product liability lawyers at Steinberg Law can advise you on seeking compensation from the manufacturer and other parties involved in allowing such dangerous items onto the open market in the first place.
Negligence vs. Strict Liability in Florida
Florida law recognizes two types of product liability: negligence and strict liability. “Negligence” means there is proof that the product manufacturer’s actions–or inactions–directly caused the victim’s injuries. Strict liability, in contrast, simply requires evidence that the product was defective in some way when it left the manufacturer’s control.
Strict liability claims fall into one or more of the following categories:
- Defective Design: This is where a product came out the way the manufacturer intended, but the underlying design had some defect that made the product unreasonably dangerous. In assessing defective design claims, Florida courts look at what a “reasonable consumer” would expect when using the product in its intended or reasonably foreseeable manner.
- Defective Manufacturing: This is where the product’s design might have been safe, but something happened during the actual manufacturing process that created a defect that led to the victim’s injuries.
- Defective Marketing: This is where a manufacturer, distributor, or seller failed to adequately explain or warn a consumer of the foreseeable risks of harm posed by a product. Defective marketing claims often turn on a failure to provide adequate instructions or warning labels.
Product liability claims are among the more complex types of Florida personal injury cases. This is for a few reasons. First, there are often multiple corporate defendants involved, as the manufacturer, wholesaler, distributor, and retailer of the defective product may be responsible for a victim’s injuries. Second, product liability cases often require extensive use of expert testimony to establish the underlying defect or problem. Finally, Florida is a comparative-fault state, which means the defendant in a product liability case can try and shift some (or all) of the blame for an accident onto the victim or third parties. This can potentially reduce a corporate defendant’s liability and potentially leave the victim to walk away with nothing.
Contact Steinberg Law Today
Florida law imposes strict time limits on the filing of product liability claims. The statute of limitations for most cases lasts normally 2 years from the date of the plaintiff’s accident or injury. But there is also a 12-year statute of repose applicable to product liability lawsuits. This means you cannot sue a manufacturer for a defective product more than 12 years after it was first delivered by the “original purchaser,” even if your injury occurred after that time.
So if you have been seriously injured by a dangerous or defective product, it is imperative you take prompt action to assert your legal right to compensation. To speak with a skilled Boca Raton product liability lawyer, call Steinberg Law today to schedule a consultation.
