Defective Product Attorneys
As experienced defective product attorneys in Florida, we know product
liability law. Pursuant to Florida law, the manufacturer, distributor or
retailer, or any entity that is responsible for placing the defective product
in the stream of commerce, can be held liable for injuries caused by a defective
product. A person who has been injured or the surviving family of someone
who has died as the result of a defective product has the right to be compensated
for their losses. If you or someone you care about has been injured by a
defective product, contact our Florida law firm at Hancock & Hancock, P.A.
for an immediate, free and confidential evaluation of your defective product
liability case by completing our online consultation form.
The partners at Hancock & Hancock, P.A. possess the experience of over 35 years of personal injury law in the following types of cases:
Claire D. Hancock
Michael F. Hancock
Frequently Asked Questions Regarding Product Liability Cases
How can a product be defective?
Under Florida law, there are three different product defect theories that form the basis of a successful product liability case:
- Manufacturing Defects
- Design Defects
- Duty 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.Duty 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 three theories of liability in a product liability case:
- Negligence
- Breach of warranty
- Strict liability
Negligence 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.
Breach of warranty 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.
Strict liability theory, as defined by our defective product attorneys:
The strict liability theory is based on the legal principle that a person or company who sells a product in a defective condition that makes it unreasonably dangerous to the ordinary user may be liable for any resulting property damage or physical injuries. The defect may be in the product's design or manufacturing, in the product's container or packaging, or instruction or warning necessary for the product's safe use. The key issue in these cases is that the injured person is not required to prove that the manufacturer or seller was negligent, only that the product was in a defective condition.
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 damages can my defective product lawyer or I recover in a product liability case?
Generally, you should be reasonably compensated for all injuries and losses resulting from the occurrence in question. Damages include (among other elements): past medical bills, future medical bills that you are reasonably certain to incur, past lost wages, future loss of earning capacity plus past and future amounts for the pain, mental suffering, and the loss of enjoyment of life.
How is my defective product attorney paid? What if I can't afford a product liability lawyer?
Hancock & Hancock, P.A. handles all cases on what is called a "contingency fee" basis. This means that no fees or costs are charged unless we collect money damages on your behalf. All of the consultations with our office are absolutely free. When you receive compensation, meaning that we have successfully concluded your case, either by settlement or litigation, our fees become a percentage of the gross settlement. This percentage is agreed upon in writing before we begin work, signed by you and the defective product attorneys, and is paid 33⅓% prior to filing suit and 40% after the lawsuit is filed, up through trial.
The product liability attorney’s fee is separate from the "costs" that the firm advances on behalf of the client. "Costs" include expenses for obtaining copies of medical records from your doctors, expert witness fees; accident reconstruction experts, filing fees at the courthouse, costs of taking depositions of the parties involved, all witnesses, doctors and other experts plus any other unforeseen fees. We advance all costs related to your case. Only on obtaining a recovery for a client are we reimbursed the costs advanced by our law firm.
Free Consultation for your Florida produce liability claim
If you or someone you care about has suffered injuries due to a defective product in Florida, contact Hancock & Hancock, P.A. for a free, immediate and confidential evaluation of your case. Attorneys Michael Hancock or Claire Hancock will personally provide detailed and comprehensive answers to your important questions by reviewing your online consultation form, evaluating your claim and responding to you, either by e-mail or by telephone, within 24 hours. If you prefer, call attorneys Michael Hancock or Claire Hancock in Tampa at 813-915-1110 or toll free from anywhere in the United States at 1-888-975-1110. Our phones are answered 24 hours a day, 7 days a week. We will answer your questions, without charge, and there is no obligation to use our services.
As committed Tampa defective product lawyers, and many other types of negligence cases such as insurance disputes claims, justice will be served for you.