Products liability claims have three general causes of action: negligence, strict liability, and breach of warranty or implied warranty. In Florida, we only use negligence and strict liability on a regular basis.
Do I Have a Valid Florida Product Liability Case?
Florida law allows you to hold designers, manufacturers, suppliers, and distributors liable for the injuries you suffer because of their products. The state also allows family members to file a claim and collect compensation on behalf of a loved one who died in an accident caused by a defective or dangerous product.
However, litigating these cases is complex. Cases that appear very similar may have different causes of action and may require a very different approach. In addition, because there is no federal product liability law, statutes vary from state to state. This means the cause of action that you think might apply based on Florida law could differ in your jurisdiction. We recommend giving us a call to determine what laws might apply in your case.
Negligence as a Cause of Action in a Florida Product Liability Case
Manufacturers have a duty to make a safe product that does not put consumers in unreasonable danger. They are responsible for using a safe design, testing the product after production to ensure proper quality, and for ensuring they monitor complaints about injuries consumers suffer from their products. If they fail to follow through on any of these things, they may send a product to market that has a dangerous design, faulty production, or poor instructions. Any of these can lead to accidents and injuries and may form the basis for a product liability lawsuit.
To prove negligence, we will need to show that there was an issue with the product and that this issue directly led to your injuries. We likely also need to show you did not alter the product in any substantial way or create the danger by using it in an unexpected or unreasonable way. The product in question plays a key role in proving these cases.
Strict Liability as a Cause of Action in a Florida Product Liability Case
Strict liability is common in defective products cases. In these cases, we can hold the manufacturer or other parties liable if we can show the product had a defect and this defect caused your injuries.
For example, imagine you suffered injuries in an accident after a tire tread separation. We look into your case and inspect the tire casing. We call in expert witnesses to help us prove your case, and they find a defect in the way the steel belts in the tire adhered to the rubber. This forms the basis for our strict liability case.
When we identify the defect, we immediately search for similar cases and often find other motorists who filed cases based on the same problem with tires made by the same company. Depending on the prevalence of this issue, it could prompt a recall and potentially save lives.
Breach of Warranty as a Cause of Action in a Florida Product Liability Case
Breach of warranty or implied warranty is rarely used as a cause of action in Florida, although it is available and occasionally used with positive results. In general, breach of warranty cases are hard to investigate and even harder to present convincingly to a jury.
Talk to an Attorney About Your Product Liability Accident Injuries
If you believe you suffered injuries because of a dangerous or defective product, the product liability team from Newsome Melton can help you understand the strength of your case. We can identify the liable parties, explain the best cause of action, and help you understand how we would approach winning this case for you.
If you decide to let us handle your Florida product liability case, we will do so on a contingency fee basis. You owe our team no legal fees until we recover money on your behalf.
Call us today at 888-808-5977 to learn more.