Product Liability Attorney

Representing Consumers Injured by Defective Products Since 1982

In this article, we will discuss:

• What is Product Liability Law?
• Florida Law on Defective Products
• Types of Product Liability Cases
• Product Liability Damages
• Holding Manufacturers Accountable
• Our Case Studies
• Frequently Asked Questions

Product manufacturers, distributors, and retailers have a responsibility to ensure the safety of the products they sell. Unfortunately, defective products can cause serious injuries, leading to medical expenses, lost wages, and pain and suffering. The good new is Florida law allows victims injured by defective products to seek compensation through a variety of causes of action, including strict liability, negligence, and breach of warranty claims.

As a long-time Florida Bar Board Certified Civil Trial Attorney, Alan sets himself apart from other product liability attorneys by his expert trial skills, his command of civil trial procedure and the rules of evidence, his knowledge of the type of experts to hire, and his analysis of the strengths and weaknesses of his case.

What is Product Liability Law?

Product liability law refers to the seller’s liability for any product that causes an injury to the buyer, user, or innocent bystander because of a defect. The liable party can be the seller, manufacturer, distributor, or retailer. Depending on your case, all of the parties that had a hand in the product can be liable for your injuries and financial compensation.

The manufacturers and sellers of consumer products have a duty to make sure their products are safe for use and consumption and they have a duty to warn if the product is inherently dangerous or has the propensity to be dangerous. However, they do not have a duty to warn users of their products of open and obvious dangers.

Law Note: Product liability lawsuits are based on one or all of the following:

• a manufacturing defect (during the construction or production of the item);
• a design defect; or
• the failure to warn of latent defects (which includes labeling, warnings, and instructions for the safe use of the product).

Determining a product defect can involve various factors such as the product’s composition, content, construction, finish, or packaging of the product. Additionally, warnings and/or instructions that accompany the product can also contribute to a defect. It is also important to consider the conditions under which the defect manifests to determine whether it creates a substantial risk of injury.

Florida Law on Defective Products

Florida law provides three main legal theories for pursuing a product liability claim: negligence, strict liability, and breach of warranty. Each theory has unique requirements and applications, which are explained below.

Negligence

In a product liability case based on negligence, the injured party must prove that the manufacturer, designer, or retailer failed to exercise reasonable care in ensuring the product’s safety. This includes:

• Failing to properly design or test the product.
• Using substandard materials during manufacturing.
• Failing to provide adequate warnings or instructions for safe use.

To succeed in a negligence claim, the plaintiff must demonstrate that the defendant breached their duty of care and that this breach directly caused the injury. Which means, the plaintiff has to prove:

• the product was not safe;
• the plaintiff suffered an injury; and
• the product caused the injury,

Strict Liability

Strict liability allows injured parties to hold manufacturers or sellers accountable for defective products without proving negligence. To establish strict liability, the plaintiff must show:

• the manufacturer’s relationship to the product in question;
• the defect;
• the unreasonably dangerous condition of the product, and
• the existence of a proximate causal connection between the condition and the user’s injuries or damage.

Under strict liability, the focus is on the product itself rather than the actions of the manufacturer or seller. This legal theory ensures that companies are held accountable for the safety of their products.

For strict liability, the test is whether or not the product was reasonably safe for its intended use as manufactured when it left the manufacturer. West v. Caterpillar Tractor Co., Inc., 336 So.2d 80 (Fla.1976) (quoting the Restatement (Second) of Torts s 402A (1965)).

Law Note: Product liability cases often involve exhaustive research into various entities to determine the appropriate liable party or parties. Additionally, these cases can require the testimony of various experts and engineers to pinpoint the defect that caused the injury as defects can occur in the manufacturing, design or in the marketing of the product.

Breach of Warranty

A breach of warranty claim arises when a product fails to meet the terms of its express or implied warranty. There are two main types of warranties:

• Express Warranty: A specific promise or guarantee made by the manufacturer or seller about the product’s quality or performance.
• Implied Warranty: An unwritten guarantee that the product is fit for its intended purpose and free of defects.

To succeed in a breach of warranty claim, the plaintiff must show that the product did not perform as promised and that this failure caused their injury.

Law Note: The time limit (Statute of Limitation) in Florida to file a product liability lawsuit based upon negligence, breach of warranty, or strict liability is 4 years. One question here is, when does that 4 year period begin to run?

Types of Product Liability Cases

Alan Sackrin represents clients injured by any of the following consumer products:

• Food Packaging: Contaminated or improperly sealed packaging can lead to foodborne illnesses.
• Defective Automobiles and Components: Faulty brakes, airbags, or tires can lead to catastrophic accidents.
• Sports Equipment: Defective sneakers, wearables, bicycles or helmets can cause serious injuries during physical activity.
• Child Safety Seats: Defective car seats can fail to protect children in accidents.
• Home Goods: Bottles and containers, ceiling fans, walk-in tubs, vacuum cleaners and hair dryers.
• Power Tools: Malfunctioning tools can cause severe injuries to users.

These cases often involve complex investigations to identify the defect and determine liability.

Product Liability Damages

If you or a loved one has been seriously injured by a defective product, you may be entitled to compensation for:

• Medical Costs and Expenses: Covering hospital bills, therapy, equipment and long-term care.
• Lost Wages: Reimbursement for income lost due to your injury.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Permanent Disfigurement or Disability: Financial coverage for life-altering injuries.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities you once enjoyed.
• Other Economic and Non-Economic Damages: loss of spousal and parental consortium, etc.

These damages aim to ease the financial and emotional burden on victims and help them rebuild their lives.

Holding Manufacturers Accountable for Defective Products

When a product fails and causes harm, it’s natural to want to hold the manufacturer accountable. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain, which can include the manufacturer, a manufacturer of component parts, a wholesaler, and the retail store owner. In general, a product must meet the ordinary expectations of the consumer. A product that has an unexpected defect or danger does not meet consumers’ ordinary expectations.

Preventive Measures

While manufacturers are responsible for ensuring the safety of their products, consumers can also take steps to protect themselves from defective products. Here are a few preventive measures:

1. Research Before You Purchase: Before purchasing a product, especially those that are meant to ensure safety like car seats, helmets, etc., do some research. Look for product reviews and check for any recalls or common defects associated with the product.

2. Follow Instructions: Always use the product as instructed and as intended. Misuse of the product can not only lead to accidents but might also make it harder to hold the manufacturer accountable in case of a defect.

3. Regular Maintenance and Inspection: For products that are used over a period of time, regular maintenance and inspection can help spot any potential defects or wear and tear that could lead to accidents.

4. Keep a Record of Purchase: Always keep the receipt and details of where and when you purchased the product. This can be crucial information if you need to file a product liability claim.

5. Report Defects: If you find a defect in a product, report it to the manufacturer and the retailer. Most manufacturers have programs for handling consumer complaints. You can also report it to the Consumer Product Safety Commission, which can help prevent other consumers from being injured by the same product.

You can report an unsafe consumer product with the Consumer Product Safety Commission’s Safer Products website or call CPSC’s toll-free Hotline at (800) 638-2772, or (301) 595-7054 for the hearing and speech impaired.

Read: When Does A Manufacturer Have A Duty To Warn About Defects?

Case Studies: Alan Sackrin’s Experience as a Product Liability Lawyer

Alan Sackrin is a product liability lawyer with extensive experience in handling complex cases involving defective products. He has successfully represented clients in numerous product liability cases and has helped them obtain the compensation they deserve.

One of the cases that Alan handled involved Goodyear Tire & Rubber Co. In this case, a woman was severely injured when her tire blew out while driving on the highway. The plaintiff claimed that the tire was defective and that Goodyear was responsible for her injuries. Alan Sackrin fought tirelessly to prove the tire’s defectiveness and ultimately secured a substantial settlement for his client.

Another case that Alan Sackrin handled involved a missing safety feature in a crane cab. In this case, an employee was seriously injured when he fell from the crane cab due to the absence of a safety railing. The plaintiff claimed that the manufacturer of the crane was responsible for his injuries because they failed to include this essential safety feature. Alan Sackrin again fought vigorously on behalf of his client and secured a favorable outcome.

Recently, Alan handled a product liability case against a nationwide retailer involving a vase that broke in our client’s hand upon being lifted off of a shelf. The vase caused severe and permanent injury to our client’s hand, resulting in significant medical expenses and lost wages.

Additionally, Alan has settled or won at trial product liability cases involving :

• Defective Food Packaging
• Baby products;
• Forklifts;
• Bicycles;
• Defective Tires; and
• Defective Chairs.

Appellate Decision of Importance

• Rivera v. Baby Trend, Inc., 914 So.2d 1102 (Fla. 4th DCA 2005) – Alan brought a strict products liability action against a retailer, and against the distributor of a defective baby stroller. Facts: In a published opinion, Alan successfully argued to the appellate court that a California distributor of a product manufactured in China was strictly liable for defects in the baby stroller even though the product was never in the possession of the distributor, but was shipped directly to the retailer.

Frequently Asked Questions

What is a consumer product?

A consumer product is any tangible personal property that is distributed in commerce for personal, family, or household use. This includes everything from toys and electronics to food and drugs.

What are the product liability safety standards?

Product liability safety standards are regulations that set minimum safety requirements for products sold in the United States. These standards are established by organizations such as the Consumer Product Safety Commission (CPSC) and must be met by manufacturers and other interested parties.

What is the risk-utility test under Florida law?

The risk-utility test is used to determine whether a product was defective because its risks outweighed its benefits at the time it was designed or manufactured.

To see more frequently asked questions about product liability, see our related FAQ page.

Contact Us For A Free Case Evaluation – Call (954) 458-8655

Defective products can cause devastating injuries and financial strain. If you or a loved one has been harmed by a defective product, you don’t have to face the challenges alone. With decades of experience, Alan Sackrin is here to help you navigate the legal process and fight for the compensation you deserve. Contact Alan by calling (954) 458-8655 or emailing him, for a free initial consultation today.

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See a complete list of our product liability articles here.

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We are Florida lawyers serving those living throughout the State of Florida including those living in the Miami-Dade and the communities of Broward County, Florida including:

Sunrise | Wilton Manors | Pompano Beach | Tamarac | Coconut Creek | Cooper City | Plantation | Coral Springs | Dania Beach | Davie | Deerfield Beach | Fort Lauderdale | Hillsboro Beach | Lauderdale-by-the-Sea | Lauderdale Lakes | Lauderhill | Lazy Lake | Lighthouse Point | Margate | North Lauderdale | Oakland Park | Parkland | Sea Ranch Lakes | Southwest Ranches | West Park | Weston

DISCLAIMER: This article is for informational purposes only and should not be relied upon as legal advice. This article does not create an attorney-client relationship. Florida law, and any applicable Federal laws or regulations, are always changing. Therefore, we strongly recommend talking with an experienced Florida product liability lawyer to learn your rights.