A claim under products liability law may result when a defect of the product causes an injury. A product can be defective because it was negligently designed or manufactured, incorporates a hidden danger, insufficient warnings or lacks instructions for proper usage.

Product Liability

Serving Central Florida, Orlando and Tampa, FL

A claim under product liability law may result when negligence by the parties along the chain of production and distribution results in a defect of the product that causes injury. A product can be defective because it was negligently designed or manufactured, incorporates a hidden danger, insufficient warnings or lacks instructions for proper usage.

Attorneys with Lilly, O'Toole & Brown have successfully prosecuted cases involving the defective design/manufacture of automobile steering mechanism, sick building syndrome, negligent road design/improper signage, defective aircraft propeller, negligent bucket truck design, negligent design of a truck's gas cap, SUV roll-over, improper inflation of auto air-bags, etc. (See Verdicts/Settlements section of this website for details.)

Manufacturers are strictly liable for their products and have a duty to make sure that their products are safe before making them available to the public for use or consumption. When they fail to do so, serious injuries or death can result. As with any personal injury or wrongful death case, our job and our goal is to assist the client to recover both economic and emotional losses.

As a consumer, you have the right to be safe from harm when you or a family member uses an everyday product. Let's say you buy a new playpen for your one-year old child. If your child sustains a head injury by being caught between the bars of the playpen, you may be eligible to receive compensation for your child's injury. Product liability is an area of the law that protects consumers from product injury. Under the concept of "strict liability," a lawsuit can be filed without the need to prove negligence or fault if an injury is involved. This akes it easier for an injured consumer to sue the product manufacturer (and/or a related party) and recover damages to compensate them for their injury. Both state and federal laws apply to product liability cases, making it confusing at times to know the best place to file a lawsuit. This is especially true if a manufacturer operates in a number of states. A law firm experienced in product liability will study the circumstances surrounding your product injury and help you collect suitable compensation.

While every product liability case is different, the median award in products liability suits, not including punitive damages, was $1.8 million in 2000, according to Jury Verdict Research. If you or someone you love has been injured by a defective product click here for a FREE confidential case evaluation.

Types of Product Liability

Children are so vulnerable, relying on parents to watch out for their health and safety. That's why it's particularly heartbreaking to see an infant injured by a defective or unsafe product. Children's product hazards identified by the U.S. Consumer Product Safety Commission include:

  • Adult Bed / Water Bed Hazards for Children
  • Juvenile Furniture
  • Baby Bath Seats / Rings
  • Pacifiers
  • Baby Back Carriers / Carrier Seats
  • Rattles
  • Baby Gates / Enclosures
  • Strollers / Carraiges
  • Balloons
  • Teethers
  • Booster Seats
  • Walkers
  • Children's Toys
  • Water Toys
  • High Chairs

Many consumers suffer burns, allergic reactions and other injuries from everyday household chemicals and equipment, including:

  • Art Materials
  • Indoor Air Pollutants
  • Charcoal
  • Kitchen Ranges and Ovens
  • Dishwashers
  • Lead Hazards
  • Faucets (Lead Hazards)
  • Microwaves
  • Furnaces
  • Notebook Computer Batteries
  • Garage Door Openers
  • Paint and paint strippers
  • Halogen Lamps
  • Power Tools
  • Heaters
  • Sprinklers
  • Home Electrical Wiring
  • Tap Water Scalds
  • Humidifiers / Dehumidifiers
  • Wood Stoves

The active world of sports and recreation present a wide range of possible injuries. Sports equipment or facilities used in conjunction with the activities listed below frequently cause harm to participants:

  • Amusement Rides
  • Helmets
  • Baseball
  • In-Line skates
  • BB Guns
  • Playground Equipment
  • Bicycles
  • Skateboards
  • Exercise Equipment
  • Snowmobiles
  • Gardening
  • Soccer Goals
  • Go-Karts
  • Trampolines

Blog for Product Liability


Library for Product Liability:

  • Toyota Plans to Fix Accelerator Pedal that Has Been Linked to Fatal Car Accidents   
    Description: Toyota has announced plans to fix nearly 4 million vehicles. The accelerator pedal can become stuck on the recalled Toyotas and this problem has led to numerous deaths. If you have been injured in a Central Florida car accident contact an experienced Orlando car accident attorney at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 533-5525.
  • Florida Product Liability   
    Description: Manufacturers, distributors, suppliers and retailers can be held liable for injuries caused by defective products. These cases fall under the legal area known as product liability. Contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 today for legal advice.
  • When Brakes Fail to Work Properly   
    Description: Brake failure is frightening and can lead to serious, life-threatening injuries. If your brakes have failed and you were injured as a result, you need to read this article. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have been injured in a car accident caused by brake failure.
  • Defective Children’s Products   
    Description: Every year, thousands of children are harmed by defective products. This article addresses defective products and the responsibility of manufacturers and other liable parties. If your child has been injured by a defective product, contact the law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for expert legal advice.
  • Fireworks Safety Tips   
    Description: While fireworks are fun to watch, they can be incredibly dangerous. Fireworks can cause severe burns and other injuries if handled improperly.
  • View All


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Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111

Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.