Boynton Beach Product Liability Lawyer
There are many everyday consumer products that cause death or serious injury due to a defect in the design, manufacturing, or labeling process. Florida law holds manufacturers and other parties accountable for such defective products when they cause such harm. The Boynton Beach product liability lawyers at Steinberg Law represent individual consumers seeking financial compensation in these cases.
When Is a Product Considered Defective in Florida?
Broadly speaking, there are three approaches to Florida product liability cases:
- Strict Liability — A manufacturer or seller is strictly liable for injuries caused by a product that was in a “defective condition” or “unreasonably dangerous” when it left their possession and made its way to a consumer. Under strict liability, the injured consumer does not have to prove the manufacturer was negligent. All that matters is that the defective product reached them.
- Negligence — While strict liability covers most Florida product liability claims, an injured consumer can also cite a manufacturer’s negligence with respect to the design, manufacture, or labeling of a product. For example, if a manufacturer failed to perform any necessary safety tests before releasing a product, that would constitute negligence.
- Breach of Warranty — Manufacturers often sell a product with an express warranty guaranteeing its safety. A customer can sue for breach of contract if a product does not meet this guarantee. Even absent an express warranty, there may still be one or more implied warranties that support a similar claim.
In addition to these three theories of liability, there are also three common types of product defects giving rise to such liability. The first are design defects. This is where the manufacturer selected a design that was inherently dangerous even when followed correctly. Conversely, the design may be fine but there was a manufacturing defect that created a dangerous product. Finally, the manufacturer may have failed to include sufficient instructions or safety warnings to alert the consumer to potential safety problems. This is known as a marketing defect or a “failure to warn.”
Proving product liability is often a complex undertaking. Plaintiffs usually need to produce one or more expert witnesses who understand the manufacturer’s business and can explain to a judge and jury how and where the defects occurred. Manufacturers and their defense attorneys will also try to shift the blame onto the consumer. Under Florida’s comparative fault rule in personal injury cases, if the defense can prove the injured consumer was more than 50 percent responsible for the accident, then the manufacturer can walk away owing nothing.
Contact Steinberg Law Today
Product liability claims in Florida come with a ticking clock. Normally, a person injured by a defective consumer product has 2 years from the date of injury to file a product liability lawsuit. But Florida law further provides that no manufacturer is liable for a defective product sold more than 12 years ago to the initial purchaser, regardless of when the victim’s injury occurred.
So if you have recently suffered an injury due to a defective or dangerous consumer product, you must act promptly to preserve your legal right to seek compensation. Your first step should be to contact the Boynton Beach product liability lawyers at Steinberg Law to schedule a consultation.
