Tampa Product Liability Lawyers
Helping Floridians With Claims for Defective & Dangerous Products
You should be able to buy a product off a shelf and not have to worry if it is going to hurt you or not. However, defective and dangerous products are sold by the thousands every year due to manufacturer negligence. If you were hurt by a defective product recently, then you need to know that you have the right to pursue fair compensation for your damages.
The term "products liability action" refers to lawsuits that allege injuries occurred because of the manufacture, construction, design, formulation, installation, preparation, or assembly of an item. A defective product lawsuit involves any lawsuit alleging that an individual suffered more injuries as a result of an accident than what he or she would have suffered without it.
Gunn Law Group, P.A. can help you begin, develop, and pursue your product liability claim in Tampa, Florida. Our law firm is used to taking on powerful oppositions like defense teams representing corporations and product manufacturers. You can rest assured that we won’t be intimidated by their tactics or resources. When it comes to pursuing justice and compensation for a client, nothing can slow us down.
What Makes a Product "Defective"?
Consumers' reasonable expectations play a key role in determining whether a product is "defective" -whether due to its design or manufacture. Manufacturing defects make a product unreasonably dangerous if it is not built according to its intended design and does not provide the level of safety that an ordinary consumer would expect. When used in the intended or reasonably foreseeable manner, a product does not perform as safely as an ordinary consumer would expect. As well, a product may be deemed unreasonably dangerous or defective if the manufacturer fails to give adequate warnings about the product's dangers.
Who Can You Sue for Product Liability?
Three parties could be liable for a product defect that caused you to suffer an injury:
- Manufacturer: The company that designed and made the defective product is usually the party that is the most liable when something goes wrong. Strict liability laws for defective product cases make it difficult for product manufacturers to completely escape liability, even when it appears that the consumer might have been misusing the product when they were hurt.
- Distributor: A product distributor is a third-party company that moves a product from its manufacturing site to where it will be sold. Shipping companies can become liable for a product defect if a mistake during the shipping process caused that defect. For example, if food products spoiled because the distributor’s refrigerated truck was not working properly, then the distributor would likely be liable.
- Vendor: The vendor is the company that sells the product to the consumer or the general public. Some products can become dangerous due to a vendor’s mistakes, which puts liability on that vendor. For example, a retail store takes a power tool out of its original packaging so more can fit on the shelf, but this means that consumers don’t get a full list of package warnings. The vendor could be liable if a consumer gets hurt because they didn’t know the dangers of the power tool.
Our job as your Tampa product liability attorneys will be to figure out how many parties can be named as defendants in your case. If there are multiple liable parties, then there will be multiple insurance policies to file against, which can help improve the likelihood of you receiving a full and fair amount of compensation.
What are Three Types of Product Defects?
Product defects usually come in one of three forms:
- Design: A design defect is an issue with a product’s design or concept that makes it inherently unsafe. For example, designing an oven mitt to be made out of a thin material that rapidly transfers heat will be inherently dangerous for use, and the product should never be made in the first place. If one product has a design defect, then all others in that product line will, too.
- Manufacturing: Manufacturing defects make up most product defects that impact consumer products. They involve a mistake that happens while the product is being manufactured. For example, a bookshelf is accidentally shipped with the wrong size nails, making it prone to collapse. Manufacturing defects usually affect only a small portion of an overall product line, like one batch of products that were made on a certain day.
- Marketing: When a product has been marketed incorrectly or untruthfully to consumers, and someone gets hurt because of that marketing, then the product is defective by marketing. For example, a company markets its new kitchen knife as safe to the touch, but it is still sharp enough to cause immediate lacerations. The marketing is untrue and overtly dangerous in this example, so the product maker should be liable for any harm suffered by consumers.
Not every product that breaks is defective to the point that it warrants a product liability lawsuit. Product manufacturers can use different defense strategies to protect themselves from claims, like saying the plaintiff intentionally misused the product when they were hurt by it. For these reasons, it is important to start your product defect case with the assistance and input of a trusted attorney.
Let our Tampa product liability lawyers of Gunn Law Group, P.A. know what happened. We can help you figure out if you can sue for a defective product and, if you can, how much compensation you should reasonably be owed.