Defective Product Lawyer
Breach of Warranty
Products liability action is civil action based upon theories of, “strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.” (Statutes & Constitution: View Statutes: Online Sunshine. (n.d.). Retrieved from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0)
A claim can be brought under a Breach of an Express Warranty or Breach of an Implied Warranty. Breach of Express Warranty can happen under two different situations: 1. the goods are advertised to possess certain qualities or characteristics and 2) where there is labeling that make statements about the product.
In a suit for a breach of an express warranty, the claimant must prove that the product does not live up to the seller’s representation of the product at the time of purchase. And the claimant (buyer) relied on what the seller told them when they bought and used the product.
The two different types of Implied Warranties are: Warranty of Merchantability and Fitness for a Particular Purpose.
A product can still be considered dangerous even if there was no defect in the design or manufacturing of the product. A claim for injury and damages may exist because of inadequate instructions or warnings. This can occur when there are foreseeable risks of harm posed by the product, which could be reduced or avoided by providing reasonable instructions or warnings. The failure to do so causes the product to become not reasonably safe.
It’s a manufacturer duty to warn consumers of hidden dangers with a product. Also, they have a duty to instruct users on how to use a product. This helps end-users avoid any dangers, and they can then use the product in a safe and intended manner. A warning has to be clear, specific, and conspicuous so that a user can easily find and read the warnings.
Negligent Product Design
An injury that is caused by a defective product is often the result of a negligent design. Often time theses cases involve manufacturer design decisions that occurred during product creation. These types of claim contend that there was something inherently wrong with the product even when it is used as intended. Claimants must prove the manufacturer failed to exercise reasonable care. The injured party must also demonstrate that the product created an unreasonable risk or foreseeable injury.
By law, product manufacturers, have the responsibility to protect consumers by designing and manufacturing safe products without dangerous flaws. They must also advertise the product in a truthful manner. If you believe that you, or someone you know, has been injured by a defective product, it is important to maintain the item safely to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can.
Strict Liability is the theory of having legal responsibility for an injury imposed on a wrongdoer without having to prove carelessness or fault. This would impose responsibility for damages and injuries even if the person found to be strictly liable was not specifically negligent or careless in their actions.
Strict liability is associated with defectively manufactured products. It has also been applied to harm resulting from abnormally dangerous conditions and activities. You may be able to recover damages if harm results from the lawful miscarriage of an activity that is unusual, extraordinary, exceptional, or inappropriate in light of the place and manner where the activity is conducted. Common hazardous activities: storing explosives or flammable liquids,
emitting toxic fumes
Although these activities may be hazardous, they may be appropriate or normal in one location, but not another, so strict liability could be a potential theory of recovery under certain circumstances.
Plaintiffs will have to prove the product caused the harm, but they do not have to prove exactly how the manufacturer was careless. Also, the product buyer, injured guests or bystanders, and others with no direct relationship with the product can sue for damages that were caused by the product. Plaintiffs have to prove that the product was defective, and the defect proximately caused the injury. They must also prove that the defect rendered the product unreasonably dangerous. End users and bystanders who suffer personal injury or property damage may be able to hold the manufacturer or seller of the defective product liable without showing actual negligence or an intent by the manufacturer or seller to cause harm.