Product liability law is a branch of tort law that holds producers, suppliers, and sellers accountable for harms or losses brought on by faulty or hazardous products. It aims to safeguard customers from harm brought by by-products that are unsafe for their intended use or don’t have enough warnings or usage guidelines.
Under product liability law, a victim of a faulty product may be entitled to compensation for their losses, including medical costs, lost wages, and pain and suffering. Product liability lawsuits occasionally also result in the product being recalled and safety standards being raised.
In the United States, product liability laws vary by state. However, there are three main theories under which a product liability claim can be brought are:
Strict liability: This theory holds a manufacturer or seller liable for a defect in the product, regardless of fault or intent.
Negligence: This theory holds a manufacturer or seller liable for failing to exercise reasonable care in the design, manufacture, or marketing of a product.
Breach of warranty: This theory holds a manufacturer or seller liable for violating an express or implied warranty, such as a warranty of merchantability or fitness for a particular purpose.
Moreover, in Florida, a person can hold suppliers, designers, distributors, and manufacturers strictly accountable for injuries caused by their defective products.
According to Florida, 2021 Statutes 768.81(1)(d), “products liability action means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.”
But we must also take note that the Florida Economic Loss Doctrine does not allow consumers to file a product liability claim if the only damage is financial. There must be an actual property damage or physical injury.
Understanding the product liability law will help you know what to do if you or your loved one will be injured by a defective product. Hiring and seeking help from a personal injury lawyer that has experience in product liability and personal injury cases will help you obtain the fair compensation you deserve.
At Darfoor Law Firm, we know how stressful it is to carry the burden of fighting for the compensation you deserve. We are here to help you with your journey and assist you all throughout the process.
Call us at 1-833-DARFOOR and schedule a free consultation and a case evaluation.