Product Liability and Defects

In Florida, a product is considered defective when it is unreasonably dangerous to the user or consumer.

There are generally

three categories of product defects:

• Manufacturing Defects- -these are defects that occur during the manufacturing phase, such as during assembly or packaging. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.
• Design Defects—these are defects inherent in the design of the product. In other words, there is a flaw in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users.
• Failure to Warn—With this type of defect, the marketing materials or labeling that accompany the product lacks important information consumers need to operate the product safely, such as warnings about potential side effects.

Any of these can cause you severe injury and immediately impact your life and that of your family.

Florida’s product liability laws were enacted

to enable victims of dangerous or defective products to be compensated by those responsible. There are a whole host of

defective products that have been the subject of product liability lawsuits, including but not limited to:

• Defective automobiles (tires, airbags, seat belts, roof collapse)
• Children’s products (toys, car seats, cribs)
• Pharmaceutical products (Xarelto, Actos, Fosamax, Accutane)
• Medical Devices (Hip Implant, Stryker Hip Implant, Zimmer Knee Implant, vaginal mesh)
• Equipment (construction equipment, farming equipment, power tools, swimming pools- pumps, and drains)

If you or someone you know has suffered severe injuries or death due to

the use of a dangerous/defective product, we are here for you. We want to lend you a helping hand. Please contact Rubenstein Law at 1-800-FL-LEGAL and put our experience, resources, and dedication to work for you. We want to help you get the money you deserve. Rubenstein Law is a personal injury firm with offices in Broward, Jacksonville, Miami, Orlando, Tampa, and West Palm Beach. We are here for you 24/7, Including nights and weekends.

Some Helpful Q&A's

Q

What happens if I am injured while using a product for something other than its intended use?

A

Do I still have a product liability claim?

Misuse of a product will not necessarily bar a claim from negligence in a product liability case. A manufacturer may bring up the misuse of the product as a defense in a negligence case to reduce the amount of damages owed, but cases of negligence can sometimes still be brought and won. As with any case, contributing factors are unique and strategies and outcome will vary.

More FAQs

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