Product Liability Attorneys Orlando
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Product liability attorneys in Orlando represent victims of personal injury caused by a defective product. The manufacturer, distributor and seller assume a level of responsibility for ensuring the safety of the goods and services that they provide to the consumer. Although it is not the duty of the product manufacturer to produce accident-free products, today’s product liability laws are designed to protect the consumer from unreasonably dangerous products especially where the danger may be hidden or concealed from the user. A manufacturer is responsible for methodical testing and inspecting of its products. In addition, the seller can also have the duty to make reasonable inspections for latent or hidden product defects as well.
Compensation For Victims Of Defective Products
- Automotive Defects
- Medical Product Defects
- Dangerous Drugs
- Defective Design
- Defective Manufacturing
- Deceptive Marketing
- Inadequate Warnings
With dozens of grey areas, it is easy to see why product liability law is so complex. In general, product liability is based on a duty of care. That means the manufacturer of the product has a duty to design and produce a reasonably safe product. Moreover, when the distributor of an inherently dangerous product places the product in the channels of commerce, the distributor has an inherent duty. It becomes the distributor’s responsibility to adequately warn others of the danger, e.g. prescription medicines. Additionally, the distributor and/or the seller may inherit a duty such as to instruct others as to the proper use of the product, e.g. a flammable or explosive product. If a person is injured or killed due to a defective product, any claim or lawsuit falls under product liability laws.
Example of Product Liability Laws
A good example of how a hidden or concealed product defect can pass responsibility for that product would be a recent problem that Mattel faced. The products were manufactured in China but the danger of lead paint used in producing the toys was concealed from the buyer. Product liability for any personal injury or death would fall on the manufacturer in China who would be almost impossible to sue. In this case, the distributor of the product was also Chinese and equally difficult to sue. Since Mattel is a U.S. company and the seller of the product, the company had a duty to test the product and notify the buyer that chewing on the toys could cause serious brain damage in children who, by the way, naturally chew on toys. Because of the difficulty in suing either Chinese company, Mattel could be solely liable for damages as a consequence of its failure to inspect, test and identify the product as an unsafe toy.
NOTE: Our Product Alerts page has several examples of prescription medicines that were either not fully tested or the pharmaceutical manufacturer of the drug did not give reasonable notice to the doctors or the general public who consumed the medications.
Product Liability Lawyers serving Orlando, FL
Product liability lawyers deal with a very specialized area of law that requires a great deal of experience and specialized knowledge. Unique legal issues such as “strict liability”, “warranty” and “maintenance” all fall within the area of product liability law. For example, a product is properly manufactured, but the design is faulty because the product does not have the appropriate safety devices or guards to protect the user against obvious dangers. At Harrell & Harrell, our product liability lawyers have litigated personal injury cases involving poorly designed protective guards to include: power equipment, machinery, chain saws, printing presses and lawnmowers.
Another area of product liability law that our accident attorneys have represented are personal injuries caused by the failure to warn of potential dangers that the consumer would not recognize but that the manufacturer knew about or should have known about. This area product liability law includes products that present a danger even when used correctly. For example, users may have handled household products that emitted dangerous fumes which were odorless but may not have received a proper warning that the danger even existed.
If you or a loved one have been injured (directly or indirectly) by a product of any kind, it is a good idea to speak directly with a product liability lawyer. Our attorneys have the legal skills to analyze any product liability accident and advise you as to your best course of legal actions. Call the Orlando, FL office of Harrell & Harrell toll-free at 1-800-251-1111 for your no costs, no obligations consultation. You will be glad that you did.
