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New Port Richey Product Liability Attorney

When a person is injured by a defective product that is unreasonably dangerous or unsafe, the injured person may have a claim or cause of action against the company that designed, manufactured, sold, distributed, leased, or furnished the product. In other words, the company may be liable to the person for his injuries and, as a result, may be required to pay for his damages.

Cornell University Law [1] School defines products liability as follows:

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

In the state of Florida, Title XLV, Chapter 768.81[2] of the statute concerns products liability.  New Port Richey product liability cases are usually based on one of two legal theories: strict liability and negligence.

  • Strict Liability. A legal theory that allows plaintiffs, usually consumers, to recover damages without proving that the defendants were negligent or careless if a defective or dangerous product was placed on the market and the defect caused an injury.
  • Negligence. The plaintiff/consumer has to show that the defendants were careless in producing or marketing the product and that their negligence led to the injury. Negligence is often used as a legal theory along with strict liability.

Types of New Port Richey Product Liability Cases

Product liability cases can take on many forms:

  • Defectively Manufactured Products:  When the product that caused injury was defectively manufactured. A defectively manufactured product is flawed because of some error in making it, such as a problem at the factory where it was created.
  • Defectively Designed Products:  A product’s design is inherently dangerous or defective. Defective design claims provide that an entire line of products is inherently dangerous, regardless of the fact that the product that caused the injury was perfectly made according to the manufacturer’s specifications.
  • Failure to Provide Adequate Warnings or Instructions: A failure to provide adequate warnings or instructions about the product’s proper use. These types of claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions.

New Port Richey Products Liability Lawyers

If you or a child in your life were injured by a defective product, it is important to speak to a New Port Richey products liability attorney to discuss the different complex legal theories that apply to these types of cases. Please call our office today at 727-853-6275 for a free consultation.

References:

[1] https://www.law.cornell.edu/wex/products_liability
[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html