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Product Liability Claims in Florida

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Product liability claims are appropriate when you or your loved one has been injured by a defective product. There are several types of product defects, and your experienced personal injury attorney in Florida who deals with product liability cases can evaluate whether you may have a viable claim depending on the circumstances of your injury or accident.

Types of Product Liability Claims in Florida

There are three main types of product defects typically recognized under product liability law: design, manufacturing and marketing defects.

  • Design defects occur when there is a problem with the very design of a product, meaning it was defective before the product was ever manufactured. In other words, there was a problem with the product plan that the designer did not foresee. A vehicle model in which airbags repeatedly fail to deploy might be considered a design defect.
  • A product manufacturing defect occurs when the product was properly designed, but something went wrong during the manufacturing process. Sometimes an equipment malfunction, poorly maintained machinery or even unhygienic factory conditions can lead to a product manufacturing defect. Tainted food that is contaminated during the manufacturing process due to poor worker hygiene, bugs or rodents, or dirty machinery would likely be considered a manufacturing defect.
  • A marketing defect occurs when the company advertising the product makes a false or misleading claim, fails to disclose potential hazards, or fails to warn consumers or sellers of precautions that should be taken. Dangerous drugs typically fall under marketing defect category of product liability cases, since pharmaceutical companies often fail to warn doctors and patients about dangerous drug side effects or drug interactions.

Strict Liability Doctrine for Defective Products in Florida

Florida is typically considered a so-called strict liability state when it comes to product liability cases. Under the doctrine of strict liability, the maker of the defective product will typically be held liable for the injuries caused to a victim of a defective product, regardless of fault on the part of the parent company, so long as it can be established that the product was in fact defective.

Product Liability Damage Caps in Florida

In Florida, the law limits recovery of punitive damages aimed at punishing the wrongdoing defendant company to $500,000 or three times the amount of compensatory damages the victim is awarded. However in certain cases in which the court finds the defendant acted especially egregiously and was financially motivated to risk injury to the public, punitive damages may reach $2 million, or four times the compensatory damages awarded to the victim.

experienced product liability attorney in Clermont can advise you regarding the strength of your claim and whether an award of punitive damages might be appropriate under the circumstances of your case and given the severity of your injuries.

Consult an Experienced Product Liability Attorney in Florida

If you believe you were injured by a defective product, one of our experienced product liability attorneys in the Clermont area at the Scoma Law Firm can help you pursue the compensation to which the law says you may be entitled. Reach out to us today for assistance.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html

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