Product Liability Litigation...
In order to establish the first element, the plaintiff must show that his injury was caused by a product that was defective. Whether a product caused the injury may not be the focus of the case when the plaintiff alleges that the defendant was negligent in designing it or failed to warn of its dangers. Further, this issue may not require an enormous amount of time to litigate when the plaintiff alleges that the defendant breached an express or implied warranty. However, the issue of whether the injury was caused by a product is very important when the cause of action is based on strict liability, primarily because of the elements that must be established in order to prevail under that theory. While it is apparent that the question of whether a product caused the injury may become more prominent in cases based on one legal theory as opposed to another, there are important principles that apply that may make this issue relevant and important in any case.
Once it is determined that a product caused the injury, the plaintiff must establish that is was defective. A product may contain a design defect, a manufacturing defect, or it may be defective because the seller or manufacturer failed to adequately warn of the product's dangers, such as placing proper warning labels on power saws.
Florida courts have also ruled that the defect must have been present at the time the product left the possession of the manufacturer, supplier, or retailer.
Once the plaintiff shows that the product was defective, he must prove that it caused his injuries. This is often accomplished through the testimony of the plaintiff and expert witnesses, including physicians.
Again, Florida Product Liability Law is complex. Product liability cases are usually heavily defended by manufacturers, distributors and sellers. Our experienced product liability lawyers, Howard S. Grossman & Timothy Nies, have litigated hundreds of product liability cases. In fact, prior to joining our firm, Timothy C. Nies was a senior insurance defense attorney where he defended Fortune 500 companies in product liability cases. Our trial lawyers represent clients injured in product liability cases involving:
Call or email our trial lawyer, Timothy Nies, for more nformation. Whether you live in Palm Beach County, Broward County or Martin County, our trial attorneys will diligently and aggressively prepare your accident case in order to receive the compensation you deserve. We speak Spanish and Portuguese. If you have access to a printer, please print this page and bring it with you to your free consultation.
TIMOTHY C. NIES, ESQ.
Grossman Trial Lawyers
1098 N.W. Boca Raton Boulevard
Boca Raton, FL 33432
Toll-free: 1-877-733-5878
Tel: 561-208-5585
E-mail: timnies@ymail.com
Our Boca Raton Trial Lawyers are experienced in bringing product liability claims to trial. Our Boca Raton Law firm represents clients in throughout Palm Beach County, including Boca Raton, Boca West, Boynton Beach, Lantana, Loxahatchee, Palm Beach Gardens, Highland Beach, Golf, South Palm Beach, West Palm Beach, West Palm Beach, North Palm Beach, and Delray Beach. Our injury attorneys are experienced in prosecuting and litigating products liability claims and lawsuits under Florida law in Boca Raton, Delray Beach, Fort Lauderdale, Pompano Beach, Deerfield Beach and Cypress Creek in Broward county. In Florida, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty and consumer protection law. Each type of a product liability claim requires different elements to be proven to present a claim. A Florida products liability claim is usually based on one or more of the following causes of action: design defect, manufacturing defect, a failure to warn. Our Boca Raton Law firm represents clients in throughout Palm Beach County, including Boca Raton, Boca West, Boynton Beach, Lantana, Loxahatchee, Palm Beach Gardens, Highland Beach, Golf, South Palm Beach, West Palm Beach, West Palm Beach, North Palm Beach, and Delray Beach. Our trial lawyers are experienced in prosecuting cases of dangerous products and defective products that cause injury. Usually products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable whether or not it acted negligently. Strict liability allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do wrong in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products. Breach of warranty based product liability claims usually focus on one of three types: (1) breach of an express warranty Product liability claims may also be brought under a breach of warranty claim. Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction. Unlike negligence claims, which focuses on the conduct of the manufacturer, or strict liability claims, which centers on the condition of the product, warranty claims concern how these issues relate to a commercial transaction. Our product liability lawyers speak spanish, portuguese, french, japanese and russian. If you have been injured by a dangerous saw, or other appliance, call our product liability lawyers today. Our boca raton trial lawyers represent clients in boca raton, west palm beach, wellington, loxahatchee and deerfield beach. Our Jacksonville law office represents injured longshoremen. We offer free consultations with our trial lawyers. Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits in Florida. Our law firm speaks spanish. Our lawyer speaks portuguese. Our attorneys speak French. Our products liability lawyers offer free consultations. Our personal injury law firm represents those injured in product liability in Raton, Boca West, Boca Rio, West Palm Beach, Lantana, and Palm Beach Gardens. Our injury attorneys are experienced in investigating and seeking compensation for clients who have been hurt or injured the negligence of a manufacturer or under strict liability. We are available for a free consultation in Fort Lauderdale, Ft. Lauderdale, Naples, Collier County, Palm Beach County, Margate, Coconut Creek and Cypress Creek, FL. If you have been injured by a defective or dangerous product and are looking for a personal injury lawyer in Jensen Beach, Stuart, Port Saint Lucie, St. Lucie, Deerfield Beach, Lighthouse Point, Lauderhill, Sunrise or Plantation, call our trial lawyers toll-free for a free consultation about your injury. We represent clients in Pembroke Pines, Boynton Beach, Wilton Manors, Dania, Dania Beach, Cooper City, Clewiston, Moore Haven, Fort Myers, Stuart, Boca Raton, and Vero Beach. Our lawyers will come to your home or hospital to discuss your case, whether you live in Jupiter, Pompano Beach, Hollywood, Davie, Weston, Sunrise, Martin County, St. Lucie County, or anywhere else in Florida. Call our attorney, Timothy Nies, about your products liability claim to discuss filing a lawsuit or claim against the manufacturer or supplier and to seek compensation, including time lost from work, medical bills, hospital bills and pain and suffering. Our attorneys are available around the clock to assist our clients. Our product liability lawyers and paralegals speak Spanish (Espanhol) and Portuguese (Portugues).