Plaintiffs in Florida product liability cases may rely on several different theories to support their claims for recovery. The most common bases for recovery in products liability cases include tortious misrepresentation, strict liability, breach of warranty and negligence. Tortious misrepresentation exists when a manufacturer or seller of a product conveys misleading or false information to a person who is injured by the product due to reliance on the information.
Strict liability is applicable in products liability cases where product defects have occurred during the process of manufacturing, regardless of the level of care exercised by the manufacturer. These strict liability principles have been extended in some situations to apply to cases where the manufacturer’s liability arises due to a failure to provide proper or adequate warnings.
There are two types of warranties implied in the sale of any commercial product. First, the implied warranty of merchantability promises that the product is in good order and will do what it was designed to do. Second, the implied warranty of fitness for a specific purpose promises that the seller’s advice regarding product use is accurate. A breach of either of these warranties may be sufficient to support a product liability claim in Florida. In a negligence case, the injured party must establish that he or she was owed a duty and that the duty was breached, causing the injury and damages.
People who have been injured due to using a product in Florida might be able to recover for lost wages, pain and suffering, medical expenses or other damages. An attorney who practices personal injury law might help by examining the facts of the case and identifying parties who may have liability for a defective or dangerous product. Many personal injury cases are settled out of court, resulting in monetary compensation to the plaintiff.
