Defective Products
With over 60 years of experience, we understand the complexities of a defective product case, otherwise known as a products liability case, and are dedicated to providing the highest levels of legal counsel. The TK Team will guide you through the entire process, from filing a claim to negotiating a settlement, or taking your case to trial.
Your Tampa Products Liability Lawyers
By law, product manufacturers, have the responsibility to protect consumers by designing and manufacturing safe products without dangerous flaws. They must also advertise the product in a truthful manner.
If you believe that you, or someone you know, has been injured by a defective product, it is important to maintain the item safely to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can.
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Contact the Experienced
Product Liability Lawyers at TK Law
By law, product manufacturers, have the responsibility to protect consumers by designing and manufacturing safe products without dangerous flaws. They must also advertise the product in a truthful manner.
If you believe that you, or someone you know, has been injured by a defective product, it is important to maintain the item safely to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can. Contact the experienced lawyers of TK Law to discuss your case.
What is A Products Liability Action?
“Products liability action” is civil action based upon theories of, strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. A claim for a products liability action can be brought under a Breach of an Express Warranty or Breach of an Implied Warranty. Breach of Express Warranty can happen under two different situations: 1. The goods are advertised to possess certain qualities or characteristics and 2. There is labeling that make statements about the product. In a suit for a Breach of an Express Warranty, the claimant must prove that 1. The product did not live up to the seller’s representation of the product at the time of purchase and, 2. The claimant (buyer) relied on what the seller told them when they bought and used the product. The two different types of Implied Warranties are: Warranty of Merchantability and Fitness for a Particular Purpose.
When is a Product Warning Defective?
A product can still be considered dangerous even if there was no defect in the design or manufacturing of the product. A claim for injury and damages may exist because of inadequate instructions or warnings. This claim can occur when there are foreseeable risks of harm posed by the product, which could be reduced or avoided by providing reasonable instructions or warnings. The failure to do so causes the product to become not reasonably safe. It is a manufacturer’s duty to: 1. Warn consumers of hidden dangers of a product 2. To instruct users on how to use a product. This helps ensure end-users avoid any dangers, and that they can then use the product in a safe and intended manner. A warning must be clear, specific, and conspicuous so that a user can easily find and read the warnings.
When is a Product Design Negligent?
An injury that is caused by a defective product is often the result of a negligent product design. Often time these claims involve manufacturer design decisions that occurred during product creation. These types of claims argue that there was something inherently wrong with the product even when used as intended. Claimants must prove 1. The manufacturer failed to exercise reasonable care and 2. The product created an unreasonable risk or foreseeable injury. By law, product manufacturers, have the responsibility to protect consumers by designing and manufacturing safe products without dangerous flaws. They must also advertise the product in a truthful manner. If you believe that you, or someone you know, has been injured by a defective product, it is important to maintain the item safely to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can.
What is Strict Liability?
Strict liability is a legal concept that holds a person or entity responsible for the harm caused by their actions, regardless of their intent or fault. In other words, strict liability means that someone can be held liable for damages or injuries that they cause, even if they did not intend to cause them, or act negligently. The idea behind strict liability is to ensure that those who engage in inherently risky activities or produce dangerous products take the necessary precautions to prevent harm to others. Strict liability is associated with defectively manufactured products. It has also been applied to harm resulting from abnormally dangerous conditions and activities. Common hazardous activities: -storing explosives or flammable liquids, -blasting -accumulating sewage -emitting toxic fumes Although these activities may be hazardous, they may be appropriate or normal in one location, but not another, so strict liability could be a potential theory of recovery under certain circumstances. Plaintiffs will have to prove the product caused the harm, but they do not have to prove exactly how the manufacturer was careless. Also, the product buyer, injured guests or bystanders, and others with no direct relationship with the product can sue for damages that were caused by the product. Plaintiffs must prove that 1. The product was defective, 2. The defect proximately caused the injury, and 3. That the defect rendered the product unreasonably dangerous. End users and bystanders who suffer personal injury or property damage may be able to hold the manufacturer or seller of the defective product liable without showing actual negligence or an intent by the manufacturer or seller to cause harm.