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The Fundamentals of Product Liability Claims

Each year, defective products injure countless consumers in the Sunshine State. No matter what the product, Florida law dictates that manufacturers have a duty to exercise reasonable care – that is, the degree of care that a prudent and competent manufacturer engaged in the same line of business would exercise under similar circumstances – to make sure that their products will not injure people or property. When a manufacturer violates this duty, it may be liable for a person’s injuries.

Determining Whether a Product Is Defective

Before a manufacturer may be held liable for injuries caused by one of its products, an injured person must prove that the product was defective. Generally, products may be defective in one of three ways:

  • Design Defects: Manufacturers are expected to design products that are safe. If a product does not perform as safely as an ordinary consumer would expect when the product is used in a reasonably foreseeable manner, the product may be defectively designed.
  • Manufacturing Defects: Manufacturers must use reasonable care to prevent an unreasonable risk of foreseeable injury, which means that they must exercise due care during production. If a manufacturer fails to adequately test or inspect its products, and nonstandard products are released that then cause injuries, the manufacturer may be held liable.
  • Labeling Defects: Otherwise safe products may be dangerous if they are not properly labeled, meaning that the manufacturer fails to warn about the potential risks of using the product. Manufacturers are required to warn consumers of non-obvious defects that might reasonably appear after normal use of a product.

Overall, manufacturers have a duty to produce products that are reasonably safe for their intended uses and other foreseeable uses. If a manufacturer knows that a product presents a particular risk of injury, it may also be responsible for warning users of that risk.

If a defective product has injured you or someone you love, contact an experienced personal injury attorney, like those at Greenberg Stone and Urbano A knowledgeable personal injury lawyer will investigate all possible avenues of recovery. To learn more, visit us at www.sgglaw.com.

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