Types of Defective Product Claims

Defective product lawsuits, also known as product liability lawsuits, are filed by people who have been hurt by a consumer product due to some kind of flaw. You have most likely heard of these kinds of claims. What you may not know is that there are three different ways in which corporations can be held responsible for consumer’s injuries.

If you are considering filing a Jacksonville product liability claim, you need to be familiar with Florida’s laws in this area. This article can only provide a brief overview of your legal options. To learn more, contact Jacksonville defective product attorney Don Guthrie, P.A., at 904-296-1088.

The different kinds of product liability suits are:

Strict liability. Most product liability claims are filed under this law, which holds manufacturers liable for the injuries their products inflict. The plaintiff in this kind of case does not need to prove that the manufacturer was willfully negligent; he or she only needs to show that the product is unsafe when used reasonably.

Negligence. This kind of claim can be filed when a company demonstrably failed to test and distribute their product correctly. Unlike strict liability claims, negligence claims are not necessarily filed against a product’s manufacturer. They can be filed against a company that damaged the product in distribution, installed it in a hazardous way, or knowingly distributed an unreasonably dangerous product.

Breach of warranty. Every product sold in Florida has an implied warranty, which means it is legally expected to be safe. Some products have an additional, explicit warranty, which clearly spells out guarantees to the purchaser. Unlike negligence or strict liability suits, breach of warranty suits allow the plaintiff to win compensation for the cost of repairing or replacing the defective product.

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The type of claim you choose to file can determine the damages you receive. To discuss which option is best for you, contact Jacksonville product liability lawyer Don Guthrie, P.A., at 904-296-1088.