Pensacola Product Liability Lawyer
Quick Answer
Florida product liability claims proceed on strict liability, negligence, and breach of warranty theories for design defects, manufacturing defects, and failure to warn. Anyone in the distribution chain may be responsible, and preserving the product itself is essential to proving the case.
Key Takeaways
- Three defect theories: design, manufacturing, and inadequate warnings.
- Manufacturers, distributors, and retailers can all be defendants.
- Never discard, repair, or return the product after an injury.
Proving a Defect
A design defect means the entire product line is unreasonably dangerous and a safer feasible alternative existed. A manufacturing defect means this particular unit departed from its intended design. A warning defect means foreseeable risks were not adequately communicated to users.
Engineering analysis, testing, recall history, prior incident reports, and internal design documents obtained in discovery are what establish these theories.
Products That Cause Serious Injury
Recurring categories include lithium-ion battery fires, defective vehicle components and airbag systems, industrial and power tools without adequate guarding, ladders and scaffolding, medical devices, recreational and marine equipment, and children's products.
Preserving the Evidence
Do not send the product back to the manufacturer, discard it, or allow repairs. Photograph it as found, keep packaging, receipts, and manuals, and store the item where it will not be altered until experts examine it.