Florida product liability law holds the manufacturer, distributor or retailer,
or any entity that is responsible for placing the defective product in the stream
of commerce liable for injuries caused by a defective product. A person who has
been injured or the surviving family of one 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 law firm for
an "instant" FREE and CONFIDENTIAL evaluation of your
defective product liability case by completing our online
consultation form or contact us to discuss
any questions you may have. 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; and
- Duty to Warn.
Manufacturing Defects
A
manufacturing defect occurs where the particular product that causes your injury
is different from other items manufactured by the defendant, because something
went 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 where all of the similar products manufactured
by the defendant are the same, and they all have a feature whose design is 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, and dietary supplements 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?
Generally, no. If
a product has the ability to cause injury when used by the 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?
There are 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
The
negligence theory requires a breach of duty owed by the manufacturer to the user,
in the 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 the 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 upon an expressed or implied representation about 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
The strict liability theory centers upon the legal principle that
a person or company which sells a product in a defective condition that is 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 the manufacturer or seller was negligent, just 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 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, and past and future amounts for the pain, mental suffering,
and the loss of enjoyment of life.
How is my lawyer paid? What if
I can't afford a 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 for you. All of the consultations
with our office are absolutely free. When you receive compensation,
meaning we have successfully concluded your case, either by settlement
or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work, is in writing,
signed by you and the attorneys, and is 33 1/3% prior to filing
suit and 40% after the lawsuit is filed, up through trial.
The attorneys' 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, etc. We advance all costs related to your case. Only upon obtaining
a recovery for a client, are we reimbursed the costs advanced by our law firm.
FREE CONSULTATION If you, or someone you care about, has been
injured by a defective product, contact our law firm for an "instant"
FREE and CONFIDENTIAL defective product liability
case evaluation by completing our online consultation
form or contact us to discuss any questions
you may have. Attorneys Michael Hancock or Claire Hancock will personally provide
detailed and comprehensive answers to your important questions by reviewing your
completed questionnaire, evaluating your claim and responding to you, either by
e-mail or telephone, within 24 hours. 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. In addition to defective product liability
cases, Hancock & Hancock handles the following types of cases in Florida:
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