Product Liability Questions

CAPE CORAL, FORT MYERS, LEE COUNTY, FLORIDA

Product Liability Questions

What is product liability?

Manufacturers, distributors, suppliers, retailers, etc. who make products available to the public are held responsible for the injuries or death those products cause.

What are some common types of product liability claims?

Regardless of the type of product liability claim pursued, the injured person must prove that the defective product caused his injury. Likewise, family members must prove that the death of a loved one was caused by a defective product. Common types of product liability claims include:

Negligence: You must prove that the defendant was careless in marketing or selling a defective product.
Strict liability: You must prove that the product has a design or manufacturing defect, thus making it unreasonably dangerous.
Breach of warranty: You must prove that the manufacturer or distributor broke a written or implied promise that the goods are free from defects. These defects can be manufacturing or design defects or insufficient instructions or warnings.

What is Florida's law of strict product liability?

Manufacturers, distributors and sellers can be held liable if a product is deemed unreasonably dangerous, and they are ultimately liable for the injuries or death caused by the defective product. Product defects can fall into three categories:

Design defects
Manufacturing defects
Marketing defects such as improper product labeling, inadequate warnings or deficient instructions

Injured victims of defective products have the right to be compensated for their losses.

How do I file a claim?

Product liability cases can be very complex and lengthy. It is important to hire an experienced, qualified attorney to handle your specific case. The product liability lawyers at Lusk, Drasites, Tolisano & Smith, P.A. can handle all aspects of your lawsuit, including filing the right papers with the correct court within Florida's time limit for filing lawsuits (known as Florida's statute of limitations).

If your lawsuit is not filed in a timely manner, you may lose your rights to recover damages. Because each case is unique, the statute of limitations is different for each situation. Please contact our office as soon as possible so we can get you the compensation you deserve.

What types of damages could be awarded?

In cases of product liability, where a person has been injured by specific products, the injured person may be entitled to compensation such as:

Medical expenses, such as medical care, hospitalization, ambulance services, medicines, medical supplies, prostheses or home nursing
Lost wages
Physical or emotional pain and suffering
Punitive damages

What should I do if injured by a product?

In cases of product liability, where a person has been injured by specific products, the injured person may be entitled to compensation such as:

Keep the product, i.e. chair, ladder, tool or any other product that injured you.
Save the receipt or credit car slip which shows where you purchased the product and how much you paid.
Save the box or container the product came in.
Save any paperwork, i.e. instructions, warranties, etc, which came with the product.