Product Liability

Product liability law concerns claims against manufacturers, distributors and sellers of dangerous and defective products. In ancient times, the Latin phrase Caveat Emptor was the law of the land. Today we know Caveat Emptor by it’s translation, “Buyer Beware.” Fortunately, the laws have changed since ancient times and society has come to realize that the manufacturers, distributors and sellers of dangerous or defective products are in a better position to protect society from injuries caused by those products and they should be responsible for the costs of injuries caused by their products. Product liability law is based upon both contract and negligence law. As a result, there are several different types of claims, which may arise out of any particular product liability claims. These include strict liability, breach of warranty, and negligence.

Strict Liability

Under the doctrine of strict liability, a manufacturer or seller of a product is strictly liable where (1) the manufacturer or seller places a product on the market with knowledge that it will be used without inspection for defects; (2) the product is defective or unreasonably dangerous; and, (3) the defect causes injury.

Warranty

A breach of warranty claim can encompass several different kinds of warranties. First there is an express or written warranty. This is where the manufacturer and/or seller of the product provides an express guarantee concerning the product. The second is an implied warranty. Under a particular section of Florida law, manufacturers and sellers provide an implied warranty that a particular product is fit for the ordinary purposes for which such goods are used. The manufacturers and sellers breach this implied warranty when they market and sell products, which are unreasonably dangerous or defective.

Negligence

There is also a general negligence claim against manufacturers or sellers who place dangerous or defective products on the market. Generally, the manufacturer has a duty to use reasonable care in the design and manufacture of it’s products. A breach of that duty that causes injury to a person may give rise to a negligence claim against the manufacturer. Similarly, a seller has a duty to use reasonable care in the selection or sale of merchandise. When the seller breaches that duty by selling dangerous and defective products, the seller can become liable for the injuries caused by those products.

There are some exceptions to the general rules set forth above. For instance, there may be no cause of action or claim where someone has materially changed the product they purchased before the product caused that person injury. For instance, taking the safety device off of a product for convenience could potentially absolve the seller and manufacturer of an liability. Additionally, misuse of the product may result in a waiver of the claim. Another potential defense is often called the economic loss doctrine. Under Florida law, when a product damages itself, causing economic loss, but does not cause personal injury or damage to any property other than itself, than a recovery beyond the value of the product itself may be prohibited.

Product liability cases encompass a number of products in any number of different types of claims. These include silicone breast implants, injuries caused by the diet drug referred to as Phen-Fen and more recently, the Firestone Tire separation cases. They may also include products that have not received much publicity such as chairs, watchbands, etc.

For more information about product liability, you can review the links on the Defective Products Page.

If you have been injured as a result of the use of a product and you believe that product was unreasonably dangerous, unfit for the particular purpose for which you purchased the product, or otherwise believe that the manufacturer or seller was negligent in the manufacturing, marketing or sale of the product, please feel free to contact us.