Tampa Products Liability Lawyer
Consumer products are meant to enhance a person’s quality of life, not detract from it. Indeed, a person only ever buys a product because they assume the product will improve their life in some way. Unfortunately, product defects can lead to serious consumer injuries. If you have been harmed by a defective product, our Tampa products liability lawyers at the office of Trombley & Hanes are ready to work on your case. Reach out to us today to get started.
Product liability encompasses the liability of a manufacturer, processor, or nonmanufacturing seller for injury to the person or property of a buyer or a third party caused by a product which has been sold in a defective condition. Excluded from the concept of products liability are claims relating to the failure of a product to live up to expectations of a customer or user. Also, excluded are cases based on injuries suffered in connection with an item which is not a product, or a product not alleged to be defective or potentially dangerous.
Common Products Involved in Products Liability Claims
Nearly any product has the potential to be defective. The list of types of products that have been recalled or involved in products liability claims in the past is infinite. Some common products involved in product liability claims include:
- Household and children’s furniture, including cribs and dressers
- Household cleaning supplies
- Kitchen appliances, such as pressure cookers
- Motor vehicles
- Prescription and over-the-counter medications
Types of Product Defects
There are three theories of liability in products liability claims. You must be able to prove one of the following in order for your suit to be successful:
- Manufacturing defect. A manufacturing defect means that something happened during the manufacturing process to render the product defective. For example, perhaps a key ingredient or material was contaminated, or a piece of furniture was assembled incorrectly on the conveyor belt.
- Design defect. A design defect refers to a situation in which the design of the product was inherently defective and dangerous. An example of a design defect is a motor vehicle that is designed to be top-heavy, and therefore is at a greater risk of a Rollover crash.
- Labeling defect. When a product has a labeling defect, it means that some risk of using the product was not properly disclosed. For example, a medication should list all potential side effects.
Strict Liability for Product Defects
While most personal injury claims require that the plaintiff in the case prove the negligence of the defendant, this is not the case in most products liability claims. On the contrary, the manufacturer of a defective product can be held strictly liable for damages if the plaintiff can prove that:
- A defect existed
- The defect was the proximate cause of the plaintiff’s injuries
- The plaintiff was using the product as intended at the time of harm
In a strict liability claim, it does not matter whether the defendant exercised care or had intent; if the product was defective and someone was harmed, the defendant (manufacturer) can be held liable.
In addition to the manufacturer, other parties involved in the distribution of the product could be held liable too, depending on the circumstances. For example, an auto dealer who knowingly sold a defective vehicle could be held partially liable.
Get Help from a Tampa Products Liability Lawyer Today
Being harmed by a product that you expected to improve your life is a shocking experience. Filing a claim against a product manufacturer can be overwhelming—such companies typically have millions of dollars and resources to hire skilled lawyers to protect company assets. At the office of Trombley & Hanes, we have the experience you’re looking for and will aggressively advocate for you. Call our Tampa products liability lawyers directly for the legal support you need and deserve.