Lusk, Drasites, Tolisano & Smith, P.A.

In the U.S., the things you use in your everyday life are thought to be relatively safe. Sometimes however, despite all efforts a defective product can cause personal injury and even death. If you received a personal injury, or if a love one was killed by a defective product, you may be eligible for damages under product liability and wrongful death laws.

The responsibility for a defective product can include anybody responsible for the product's distribution.

• Manufacturer
• Maker of component parts
• Wholesaler
• Retailer

There are three types of defects in product liability cases:

1. Design defect
2. Manufacturing defect
3. Marketing defect

A design defect is a flaw in the design of the defective product that. In order to recover damages, you must prove that the defect was the cause of personal injury or wrongful death. Strict liability might be imposed on a product that unreasonably safe or if you can prove that the company was cutting corners to save costs.

If the defect is introduced during the manufacture of the product, that condition is defined as a manufacturing defect. The defect failed to follow the specified design of the manufacturer and resulted in your personal injury.

A product that is misrepresented by a company or advertiser could also cause a product liability claim if the misinformation is found to be responsible for the injury.

At Lusk, Drasites, Tolisano & Smith, P.A., we can help you establish a product liability claim if you have been injured by a defective product. We have offices in Ft. Myers and Cape Coral. Please contact us today to set up an initial consultation.