Product Liability Through Manufacturing Defect In Florida

A Brief Primer On Product Liability Under Florida Law

In general, a product liability injury case is one where a consumer was injured by a product that was intended as used. In Florida, such a case can be pursued under three different theories:

  • Design Defect – this involves a situation where the product was designed in an improper way and was not fit to serve its intended purpose, thereby causing an injury. A simplistic example of a design defect would be if Car A was designed in such a manner that it turned over every time it turned right.

  • Manufacturing Defect – this involves a situation where the product was designed properly but was manufactured in such a way as to be defective, thereby causing an injury. A simplistic example of a manufacturing defect would be if Car A was designed properly to turn right but parts were left out in the assembly line resulting in it turning over every time it turned right.

  • Marketing Defect – this involves a situation where the product was designed and manufactured properly but the labeling and/or warning included with the product failed to warn the consumer about known dangers associated with the product or its common uses, thereby causing injury. A simplistic example of a marketing defect would be if a bleach manufacturer failed to post a warning on its bleach that it was unsafe to mix the bleach with ammonia, a known danger of bleach.

Principles of Florida Manufacturing Defect Product Liability

Florida, as with most states, uses a strict liability system when it comes to design defect product liability cases. Simply put, this means that a manufacturer, designer or seller can be held responsible for damages a product causes even though there is no evidence of negligence in the design process. Most agree that this exists because most products are designed and manufactured with due diligence and that holding manufacturers strictly liable will ensure that the vast majority of products that are available on the market will therefore be safer as a result. As of March 2015, a product is defective of manufacture in Florida if:

  • The product is in a condition unreasonably dangerous to the user
  • The product is expected to and does reach the consumer in such a condition
  • The product is different from its intended design and fails to perform as safely as the intended design would have performed.
Get Legal Help

After reading this, if you or a loved one has been injured by what you believe to be a defectively manufactured product you should seriously consider consulting an experienced products liability attorney. The knowledgeable and skilled attorneys at Gerson & Schwartz, P.A. have over 40 years of experience fighting for the rights of people just like you who have been injured by defectively manufactured products in Broward and Miami-Dade counties. They know this complex area of the law well and associate with experts who have the specific knowledge and abilities to help prove your case. Please call us now at (877) 475-2905 to set up your free consultation today and ensure that you preserve your rights to recover

Client Reviews
★★★★★
I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
★★★★★
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
★★★★★
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
★★★★★
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
★★★★★
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
★★★★★
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
Contact Us Free Consultation
captcha