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What Is A Consumer Product?

According to Federal Statute, regulation and case law, a consumer product is defined as "any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in...

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What Are The Product Liability Safety Standards?

According to the Consumer Product Safety Commission, which is the regulatory agency formed under the provisions of the U.S. Consumer Product Safety Act (the "Act" - 15 U.S.C. 2051), there are currently 39 safety standards under the Act related to these consumer...

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What is a dangerous instrumentality?

According to Florida case law as of the date of this article, a lounge chair is not a dangerous instrumentality which is defined as an item that by its nature is reasonably certain to place life and limb in peril when negligently constructed, such as an automobile:...

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Does a store have to ensure the lawful use of a product?

According to Florida case law as of the date of this article, unless there are special circumstances there is no legal duty requiring a store to ensure that a product lawfully sold will ultimately be used by a customer for a lawful purpose: “Ms. Jenkins alleges that...

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4 Elements of Negligence Under Florida Case Law

According to Florida case law as of the date of this article, a claim for negligence requires (1) a legal duty owed by the defendant to the plaintiff, (2) breach of that duty by the defendant, (3) injury to the plaintiff which was legally caused by defendant's breach,...

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Is there a duty to warn of an obviously dangerous product?

According to Florida case law as of the date of this article, there is no duty to warn of an obvious danger where a loader's boom was open and obvious: "“A duty to warn arises where a product is inherently dangerous or has dangerous propensities.... However, there is...

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