Product Liability 2017-05-18T12:56:01+00:00

Product Liability Attorney Serving Pasco, Hernando County, FL

Product liability lawsuits seek to hold the manufacturers of defective or unsafe product accountable for damages they product liability attorney pasco, hernando county floridacaused. If you’ve been injured by defective products or merchandise, you may be entitled to compensation such as:

  • Lost Wages
  • Pain and Suffering
  • Emotional Pain or Anguish
  • Medical Costs

If you believe you have been injured due to a defective product or unsafe merchandise or improper labeling of same, please contact Personal Injury Attorney Wendy Doyle-Palumbo for a free case evaluation. In a product liability lawsuit, plaintiffs must prove that the they were injured and suffered loss, that the product or merchandise was defective and that the defective product caused the injury. In addition to these criteria, the plaintiff must prove that they were using the product correctly and as intended.

Two Primary Categories of Product Defects Under Federal Law

If you have been injured by a defective product, you may be entitled to sue the manufacturer, distributors or wholesalers of the product or merchandise in question. Wendy Doyle-Palumbo is an experienced Pasco County Personal Injury Attorney and can determine if the products were manufacturing or design defects. Your liability attorney must be able to prove that the defect was present at the time of the injury, and that it was responsible for or caused your injuries.

Florida Statutes and Strict Liability (Source FL Statutes 768.81)

d) “Products liability action” means a civil action based upon a theory 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. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action. (Source: Florida Statutes)

Statutes of Limitations Product Liability Lawsuits in Florida

Fla. Stat. § 95.11 states that lawsuits brought under the theories of strict liability or negligence must be filed within four years after the incident occurred or was discovered. Florida has enacted a 12-year statute of repose, restricting or limiting product liability causes of action, with various exceptions. The Florida Supreme Court recognized the statute of repose was necessary because of the undue burden placed on manufacturers by strict liability principles. This statute prevents plaintiffs from using modern standards and expectations to impose perpetual liability on manufacturers and distributors for outdated products. The current statute states in part: Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.  

Pasco County Personal Injury Attorney Wendy Doyle-Palumbo will help you to determine whether you meet the criteria for filing a product liability lawsuit. 
Product liability cases require extensive knowledge and determination to right the wrong caused by the product or merchandise that caused your injury or wrongful death of a loved one.  Your personal injury lawyer must understand product liability law and should be a tenacious litigator. If you have by injured or have suffered losses due to a defective product, or a product that failed to warn you of it’s dangers, please contact Wendy-Doyle-Palumbo today for a free initial consultation.