Orlando Product Liability Lawyers
Helping Victims of Defective Products in Orlando, FL
At Gunn Law Group, we understand the significant impact that defective products can have on your life. Whether you’ve suffered injuries due to a malfunctioning household item, a defective vehicle, or any other faulty product, our experienced attorneys are ready to fight for your rights. Our unwavering dedication to our clients sets us apart as leaders in product liability law.
Call 813-228-7070 or contact us online today to schedule a free consultation with one of our Orlando product liability lawyers.
Understanding Product Liability
Product liability refers to the legal responsibility held by manufacturers, distributors, and retailers for injuries or damages caused by defective products. This area of law is designed to protect consumers and manufacturers and distributors responsible for bringing a dangerous product to market.
The following are the three main types of defects:
- Design Defects: When a product’s design is inherently unsafe, it may lead to injuries even when used as intended.
- Manufacturing Defects: When a product as delivered deviates from its intended design and poses a danger to consumers.
- Failure to Warn: Manufacturers have a duty to provide adequate warnings and instructions about potential risks associated with their products. Failure to do so may result in liability.
Common examples of defective products include:
- Auto Parts: Design or manufacturing defects in automotive components can lead to serious accidents and injuries. Common examples include faulty airbags that fail to deploy in a collision, defective brake systems, or tires prone to blowouts.
- Medical Devices: Defective medical devices can pose significant risks to patients, leading to injuries or complications. Common examples include faulty hip implants that break or dislocate, malfunctioning pacemakers, or defective surgical instruments.
- Pharmaceuticals: Issues in the design, manufacturing, or marketing of pharmaceuticals can result in severe health consequences. Common examples include medications with undisclosed side effects, contaminated drugs, or improper dosage instructions.
- Children’s Products: Products designed for children may have defects that pose particular risks to young users. These include toys with small parts that pose choking hazards, cribs with design flaws leading to entrapment, or defective car seats.
- Electronics: Malfunctions in electronic devices can lead to fires, electrical shocks, or other hazards. These include smartphones with defective batteries prone to overheating, laptops with faulty power cords, or electronic devices with inadequate insulation.
- Household Appliances: Defective household products can lead to fires, electrical shocks, or other safety hazards, such as faulty kitchen appliances, defective heaters, or electronics with wiring issues.
- Food Products: Contaminated or improperly labeled food products can cause illness or injury, such as contaminated produce, mislabeled allergens, or food items with undisclosed harmful additives.
Florida Product Liability Laws
Strict liability is a legal doctrine that holds manufacturers, distributors, and sellers responsible for injuries caused by defective products without requiring the injured party to prove negligence.
Here are the elements you must prove to succeed in a strict liability claim:
- The product was defective when it left the control of the manufacturer, distributor, or seller.
- The defect rendered the product unreasonably dangerous.
- The defect caused the plaintiff’s injuries.
Florida recognizes strict liability in product liability cases, making it easier for plaintiffs to establish a claim without proving negligence. However, plaintiffs must still demonstrate the existence of a defect and a causal connection between the defect and their injuries.
Additionally, a warranty is a guarantee or promise made by the manufacturer, distributor, or seller regarding the quality, safety, or performance of the product. Breach of warranty claims can be based on express or implied warranties.
The following are the elements you must prove to win a breach of warranty claim:
- A warranty existed (either expressed or implied).
- The warranty was breached.
- The breach of warranty resulted in the plaintiff’s injuries.
Both express and implied warranties are recognized in Florida product liability cases. Express warranties involve explicit promises made by the seller, while implied warranties (such as the implied warranty of merchantability or fitness for a particular purpose) arise automatically under Florida law.
