Naples Product Liability Lawyer
It is probably impossible to count the number of different consumer products that we use on a daily basis. Most of the time, we do not even think about the safety or design of these products. But when something goes wrong, we want to know why. And if a defective or dangerous product was allowed onto the market, we want to hold the manufacturer accountable.
A skilled Naples product liability lawyer can assist you in seeking compensation if you have been injured by a product that did not work as advertised. The Pendas Law Firm can review your case, investigate the circumstances surrounding your accident, and determine who may be legally responsible for your injuries. Product liability cases are often quite complex and involve a number of potential defendants. So the sooner you seek out legal advice, the better for you and your family.
How Product Liability Cases Work in Florida
Product liability is a type of personal injury claim. Most of the time, personal injury cases require proof of a defendant’s negligence. Product liability works a bit differently. In addition to negligence, a manufacturer can also be held strictly liable for allowing a defective product to enter the marketplace. “Strict” liability means that the defendant is liable for injuries caused even if exercised reasonable care in producing the product.
Strict liability in Florida generally breaks down into three types, all of which may be involved in a specific case:
- Defective design. A design is considered defective if it is unreasonably dangerous. Basically, if the product as designed fails to perform as safely as a reasonable consumer would expect when using the item as intended, then the item has a defective design.
- Defective manufacturing. Sometimes the design of a product is fine but there was an error or mistake during the manufacturing process that created a defect.
- Failure to warn. Most consumer products carry some degree of risk. A manufacturer or distributor has an obligation to provide adequate warning–usually through packaging or instruction manuals–of any foreseeable risks of harm.
As far as negligence is concerned, a manufacturer or distributor can also be held responsible for acts such as failing to review products prior to distribution, failing to perform adequate testing on a product, or failing to maintain a proper warranty for defective products, among other things.
Contact The Pendas Law Firm Today
Florida has a four-year statute of limitations in product liability cases. This is not as much time as you might think. By law, the four-year clock starts to run when the facts giving rise to a claim were or should have been discovered. There is also a “statute of repose” that bars a lawsuit filed more than 12 years after the delivery of a product if the item had an expected useful life of 10 years or less, regardless of when the actual injury occurred.
This is just one of many rules that can complicate a claim for damages. So if you have been harmed by a defective consumer product and need to speak with an experienced Naples product liability lawyer, contact the Pendas Law Firm today.
