FAQs for Tampa Bay Defective Product Attorneys
Hancock & Hancock, P.A.
Michael and Claire Hancock
- How can a product be defective?
- Can a defective product come with warnings that make the product safe?
- What kind of claims can be brought for product liability in Florida?
- Does it affect my claim if I use the product in a way that was not intended by the manufacturer?
- What is the statute of limitations for a defective or dangerous product case?
How can a product be defective?
Under Florida law, there are at least three different product defect theories that form the basis of a successful product liability case: manufacturing defects, design defects and a failure to warn.
- Manufacturing Defects: A manufacturing defect occurs when the particular product that causes your injury is different from other items manufactured by the defendant, as a result of something going wrong during the manufacturing process. Manufacturing defects result from some mishap in the manufacturing process itself, improper workmanship, or because defective materials were used in construction of the product.
- Design Defects: A design defect occurs when all of the similar products manufactured by the defendant are the same, and they all have a design feature that is in itself defective and unreasonably dangerous. A majority of cases claiming design defects involve injuries caused as a result of structural defects, lack of safety features, and a lack of suitability for intended purposes.
- Failure to Warn: Duty to warn cases frequently arise in the areas of power tools, heavy equipment, prescription drugs, dietary supplements and other potentially dangerous products which are sold without the proper warnings. A manufacturer who fails to warn of a danger can be liable even if their product is properly designed and manufactured. In addition, a warning will rarely shield a manufacturer from liability for a manufacturing or design defect.
Can a defective product come with warnings that make the product safe?
As experienced defective product attorneys, the answer is generally, no. If a product has the ability to cause injury when used by a consumer who is following the instructions and this danger could have been reasonably corrected in the design or manufacturing process, warnings do not convert a defective product into a safe product. The manufacturer cannot simply warn of unreasonable dangers that may exist in its product.
What kind of claims can be brought for product liability in Florida?
There are at least three theories of liability in a product liability case: negligence, breach of warranty and strict liability. Depending on the facts of each individual case, it is sometimes possible to pursue all three theories in one case.
- Negligence theory There are at least three theories of liability in a product liability case: negligence, breach of warranty and strict liability. Depending on the facts of each individual case, it is sometimes possible to pursue all three theories in one case.
- Breach of warranty theory The negligence theory requires a breach of duty owed by the manufacturer to the user, in light of the reasonably anticipated harm arising from all reasonably foreseeable uses of the product. The duty includes design, manufacture, assembling, instructing and warning. In a negligence case, the injured party must prove violation of a standard and reasonable care by manufacturer in the design or manufacturer in the product.
- Strict liability theory: The breach of warranty theory is based on an expressed or implied representation of the product to the consumer. An example is a warranty that the product is fit for the ordinary purpose for which it is used or that the product is fit for a particular, specific purpose. A breach of warranty claim generally means that the product performed below the represented or expected level of performance.
Does it affect my claim if I use the product in a way that was not intended by the manufacturer?
The question is whether or not the use of the product was a foreseeable misuse. Manufacturers are required to anticipate the possible uses of their products and are responsible for foreseeable misuse by the consumer. Foreseeable misuse includes foreseeable product alterations by the consumer. A manufacturer must also warn a consumer of dangers associated with product misuse. If your use of the product was not a foreseeable use, this may affect the strength of your claim.
What is the statute of limitations for a defective or dangerous product case?
Generally, the statute of limitations in Florida for a defective or dangerous product case is 4 years from the date of the injury. This means that your lawsuit against the responsible parties, including the retailer, distributor and manufacturer, must be filed in the correct court within 4 years of the accident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident attorney regarding the specific facts of your case
