According to Florida Law, statutory law, and case law, product liability means 1) a personal injury or property damage resulting from the use of a product and 2) a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or...
According to Florida statutory law, a consumer product is considered defective when a manufacturer or seller does not comply with the federal or state codes, statutes, rules, regulations, or standards, there's a connection between noncompliance and an injury, the...
According to Florida law, and standard jury instruction 403.8, in order to prevail on a strict liability claim for failure to warn, a jury must determine a product is defective because "the foreseeable risks of harm from the product could have been reduced or avoided...
According to Florida Statutory Law, the statute of limitations on product liability is four years, with a 10-year maximum period for an action involving a latent defect: WITHIN FOUR YEARS.— (a) An action founded on negligence. (b) An action relating to the...
According to Florida case law, a duty to warn about a defective consumer product like a pressure cooker arises whenever a reasonable person would want to be informed about the risk(s) in order to decide whether to expose himself or herself to it: We need not detail...
Personal injury lawyers are not free. They typically charge a fee for their services, which is often based on a percentage of the compensation awarded to the client (normally, 331/3%). This is otherwise known as working on a contingency basis, which means that the...
According to Florida case law, an attorney's agreement to refund fees with costs in the event the attorney does not win the case is improper: Stripped to the bone, the complaint is that accused (the lawyer) neglected to file his brief and thereby suffered the appeal...
According to Florida case law, a retailer can be held liable for a defective product: In Sencer v. Carl's Markets, Inc., Fla.1950, 45 So.2d 671, the Supreme Court of Florida held that the defendant/retailer was liable for injuries caused by unwholesome food found in a...
According to Florida law, under the "risk-utility theory," a product is defectively designed if the plaintiff proves that the design of the product proximately caused the plaintiff's injuries and the defendant fails to prove that, on balance, the benefits of the...
According to Florida law, under the consumer-expectation theory, which is applied to assess strict liability claims in products liability actions, a product is defectively designed if a victim is able to demonstrate that a product did not perform as safely as an...