Consumer products Liability
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Civil Litigation
Tampa Consumer Products Liability Lawyer
A “products liability action” is a lawsuit alleging injuries caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. It includes any lawsuit alleging that injuries a person suffered in an accident were greater than the injuries he or she would have suffered in the absence of a defective product.
The Product Liability attorneys at Older Lundy Koch & Martino represent persons injured as a result of a defective product, as well as the surviving relatives of a person who suffered fatal injuries as a result of a defective product.
Product Liability Lawyer
Florida Consumer Products Liability Law
Under Florida law, a manufacturer faces liability without regard to the manufacturer’s fault or negligence when the manufacturer places a product in the market, knowing that it is to be used without inspection for defects, and the product proves to have a defect that causes injury to a person.
The determination as to whether a product is “defective”—either due to its manufacture or design—is measured by the reasonable expectations of an ordinary consumer. A product is unreasonably dangerous because of a manufacturing defect if it was not built according to its intended design and fails to perform as safely as an ordinary consumer would expect. A product is defectively designed if it did not perform as safely as an ordinary consumer would expect when used in the intended or reasonably foreseeable manner. Additionally, a product may be deemed unreasonably dangerous or defective as a result of the manufacturer’s failure to provide adequate warnings regarding the dangers of the product.
A person injured as a result of a defective product may be able to recover damages for, among other things, lost wages, medical expenses, and pain and suffering. In cases in which a manufacture places a product on the market knowing that it will cause injury to consumers or recklessly disregarding this possibility, the injured person may be entitled to punitive damages to punish the manufacturer as well.