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Product liability allows injured people to recover from manufacturers, suppliers, designers, and distributors when a defective consumer product causes injuries. While most personal injury claims require negligence, product liability cases are different. They are strict liability claims. There may be liability even if a defendant did not know the product was dangerous.

When a defective product causes harm to you or a loved one, you may be entitled to compensation. A Pace product liability lawyer can help you understand any potential claim you may have. Schedule a meeting with one of our knowledgeable personal injury attorneys today to discuss the specifics of your case.

Product Liability Laws in Florida

Florida Statutes § 768.81(1)(d) provides strict liability as a basis for product liability cases. The statute also allows product liability claims based on negligence, nuisance, and breach of warranty. The claim should allege that the product’s design, manufacture, or construction led to the defect.

Although an injured party does not have to prove negligence, modified comparative fault still applies. That means an injured party may still recover, even if they contributed to the injury. Under modified comparative fault, the rule is that the injured party cannot be more than 50 percent responsible to recover for their injuries. A qualified product liability lawyer in Pace can assess facts and provide their professional opinion regarding fault.

Types of Product Liability Lawsuits

There are four main types of product liability lawsuits—design defect, failure to warn, marketing defect, and manufacturing defect. Each requires different types of proof.

Design Defects

Design defect claims allege that the product’s structure or design causes issues. These are not inherently dangerous items. Instead, they are items that—if functioning properly—should not be hazardous. The dangers are the result of a manufacturing issue that leads to malfunctions. For example, a hair dryer that catches on fire could be a design defect. Hair dryers should not catch on fire during everyday use.

Failure to Warn

A failure to warn claim does not allege a manufacturing or design defect, but that the product is inherently dangerous. It should include a warning about potential dangers. For example, hair dryers should be safe when used typically; however, people should not use them in the bath. The warning tags on hair dryers warn people of those dangers. Failing to warn people of a known hazard, which could occur during routine use, can lead to this type of claim.

Marketing Defects

Marketing defects are similar to failure to warn claims. Perhaps a product is safe when used in specific ways but dangerous in others. It can be a marketing defect if its marketing focuses on unsafe uses. For example, a commercial that showed someone using a hair dryer in a bathtub might lead to a marketing defect.

Manufacturing Defects

Finally, manufacturing defects occur when a product’s design is safe, but something in manufacturing is not. These defects can impact an entire line or an isolated project. For example, some hair dryers will automatically shut off if they reach a specific temperature. A faulty sensor that failed to engage this function would be a manufacturing defect.

An experienced Pace defective products attorney can guide the appropriate type of claim. They look at the circumstances surrounding an injury and determine whether there is a claim and, if so, the theory behind it. If there are multiple defendants, there may be different types of claims against each defendant.

Discuss Your Potential Case With a Pace Product Liability Attorney

In Florida, a person cannot recover for purely economic loss in a product liability claim. You must prove injury or property damage. In addition, you must show that a product was unreasonably dangerous or that someone was negligent in manufacturing, distributing, marketing, or selling it.

Since the legal issues can be complex, consulting with a local attorney after being injured by a product is essential. Schedule a consultation with a Pace product liability lawyer at our firm. They can assess your situation, provide an opinion about whether you have a claim, and advise you about your next steps.