Florida Lawyers

For the People

Stuart Florida Office
772-220-2088 phone

Q.What is a defective product?

A.A defective product is one that causes damage or injury to a consumer by way of a defect in the product, its labeling or marketing, and the way the product is used.

Q.What is product liability based on?

A.A successful products liability case is based on a manufacturing defect, a design defect, or inadequate warning of danger known to the manufacturer or seller.

Q.When is a manufacturer liable for injury caused by a defective product?

A.A manufacturer is liable if the design allows for an unreasonable amount of danger to consumers.

Q.Is a store that sells a defective product liable?

A.A store can be liable if they don't take proper steps to inspect the safety of the product.

Q.What are the requirements of a successful products liability claim?

A.This will vary from state to state and relies upon the determination of whether the product was unreasonably dangerous, using the product inflicted an injury, and the injury was caused by the defect in the product. Many states require both that the product is ruled unreasonably dangerous and that the defect caused the injury.

Q.What do I do if I'm injured?

A.Contact a good products liability lawyer as soon as possible. Evidence must be gathered and secured. Many times if too much time is taken, evidence can disappear or be altered.

Q.How is evidence secured?

A.Evidence is secured by storing it under lock and key so that it can't be altered.

Q.What damages are recoverable in a product defect case?

A.A successful products liability case entitles the injured to compensatory damages, lost time from work, and property damage resulting from the usage of the defective product. Pain and suffering, consortium and punitive damages are also available for different reasons.

Q.Who else can be responsible besides the manufacturer?

A.In addition to either the manufacturer or seller having liability for a product, any repairer of a product can also maintain liability for the product.

Q.Will a lawyer require fees up front?

A.Paying for a lawyer in a products liability case is dependent on the merit of the case. Some lawyers will take a case on full contingency, meaning they will only receive money if you win the case and receive a settlement. Some lawyers will still bill you for expenses during the preparation and the trial of the case depending on the merit of the case.

Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.