Under product liability law, manufacturers, distributors, suppliers and retailers can be held liable for injuries caused by their products. Product liability claims generally involve negligence, strict liability, breach of warranty and other issues of consumer protection.

A product liability claim typically arises from a manufacturing defect, design defect or failure to warn. A manufacturing defect occurs during the manufacturing process and may include low quality or hazardous material. A design defect happens when the design of the product is dangerous or useless and it does not occur during the manufacturing process. Failure to warn occurs when a product has a danger that is not obvious to the consumer and there isn’t an adequate warning provided.

When there is a claim of negligence regarding a product, the plaintiff must prove that there was a duty owed, it was breached and the breach proximately caused their injuries. A claim of breach of warranty has to do with a breach in an express warranty, implied warranty of merchantability or implied warranty of fitness for a particular purpose.

A strict liability claim is different than a claim of negligence or breach of warranty in that it focuses on the product itself, not the manufacturer’s behavior. Under strict liability, a manufacturer can be held responsible for a defective product.

Most product liability laws are determined by the state and can vary greatly from state to state. If you have been injured by a defective product, contact a Florida product liability lawyer for information regarding your legal rights. Contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111. We can advise you on your legal options.