Product Liability

At The Downs Law Group, our ‘Product Liability’ practice area is dedicated to helping individuals who have been harmed by defective products. A products liability action is a civil lawsuit based on theories such as strict liability, negligence, breach of warranty, nuisance, or similar claims for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. Product liability is a crucial doctrine that provides plaintiffs with a cause of action when they encounter a defective consumer item.

This doctrine often falls under negligence but is generally associated with strict liability. This means that defendants can be held liable for defective products regardless of their intent or knowledge. As experienced Florida defective product lawyers, we are well-versed in handling cases based on the following general theories of product liability including negligence, defective product design, failure to warn, defective manufacturing, and breach of warranty.

Our dedicated team of attorneys at The Downs Law Group is committed to holding manufacturers, distributors, and sellers accountable for the safety of their products. If you believe you have been harmed by a defective product, our Florida defective product lawyers are here to provide the legal support and representation you need to seek justice and compensation.

Product Negligence

To succeed in a negligence claim, the plaintiff must demonstrate that they would not have been injured without the manufacturer's negligence. Additionally, the plaintiff must show that the defendant could have foreseen the risks and uses of the product at the time of manufacturing.

Defective Product Design

A product may be deemed defective if its design is inherently unsafe, posing risks to consumers even when used as intended.

Failure to Warn

Manufacturers and sellers have a duty to warn potential users of any known problems associated with a product. Failing to provide adequate warnings or instructions can form the basis of a liability claim.

Defective Manufacturing

A product may be considered defective if it was produced using substandard materials or processes, leading to an unsafe item.

Breach of Warranty

Warranties are guarantees provided by sellers regarding the quality and reliability of their products. A breach of warranty occurs when a product fails to meet these guaranteed standards, causing harm to the consumer.

"At The Downs Law Group, we are committed to holding manufacturers accountable for the safety of their products. Our goal is to ensure that those harmed by defective products receive the justice and compensation they deserve. We stand by our clients every step of the way, providing expert legal guidance and unwavering support."

William T. Rieder, Jr., Esq.

Scope of Legal Services

The Downs Law Group is currently representing the following workers exposed to corexit, crude oil, natural gas, benzene, and PFAS:

Medical Devices

Faulty medical devices can lead to serious health complications and additional medical expenses. If you’ve been injured by a defective medical device, our specialized attorneys are here to help you pursue a product liability claim.

Image of gavel and medical stethoscope as well as medication

Pharmaceuticals

Dangerous pharmaceuticals can cause adverse reactions and severe health issues. If a defective medication has affected you, our knowledgeable product liability lawyers can assist you in seeking justice. Understand your rights and the steps to take in holding pharmaceutical companies accountable.

Car driving on road with tires turning in a direction that makes the car defected

Car & Boat Defects

Defective cars and boats can cause accidents, injuries, and even fatalities. If a malfunctioning vehicle or vessel has harmed you, our experienced product liability attorneys can help you navigate the complexities of your case. Discover how to hold manufacturers accountable and secure compensation for your losses.

Commercial airline plane taking off from airport strip way

Airplane Defects

Defective airplane parts can lead to catastrophic accidents and severe injuries. If you suspect an airplane defect caused harm, it’s crucial to seek expert legal help. Our Florida product liability lawyers specialize in holding manufacturers, like Boeing, accountable for aviation-related defects.

Many colorful toys that may be hazardous and unsafe for children to play with

Unsafe Toys

Dangerous toys can pose significant risks to children, leading to injuries or worse. If your child has been harmed by a defective toy, it’s essential to take legal action. Our attorneys are dedicated to helping families secure justice and compensation for injuries caused by dangerous toys.

Image of movers packing a gray couch into a van

Furniture

Defective furniture can result in injuries due to collapses or hazardous materials. If you or a loved one has been injured by unsafe furniture, our legal team can help you file a product liability claim. Learn about your rights and how to hold manufacturers responsible for their negligence.

Construction Equipment

Faulty construction equipment can lead to severe workplace injuries and fatalities. If defective machinery has caused harm, our experienced product liability attorneys can guide you through the legal process. Find out how to seek justice and compensation for your injuries today.

Dangerous household cleaning products in a bowl ready for use

Dangerous Household Products

Unsafe household products can cause accidents and injuries in your home. Be aware of toxic products like cleaning agents, electrical appliances, furniture, and children's toys that may pose significant risks. If you’ve been harmed by a defective item, it’s important to understand your legal rights.

Firefighters leaning against fire truck thinking about health

Firefighting Foam & Gear

Firefighting foam and gear can expose firefighters to harmful PFAS chemicals, leading to severe health issues. If you’ve been harmed through skin contact with these dangerous substances, The Downs Law Group represents victims in product liability claims. Our experienced attorneys are dedicated to securing justice and compensation for those affected by PFAS exposure.

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Product Liability Lawsuit FAQ

At The Downs Law Group, we are dedicated to helping you understand your rights and the legal processes involved. Below, we've compiled some frequently asked questions about product liability, covering topics such as product negligence, defective design, manufacturing defects, and breach of warranty. This information is designed to help you make informed decisions and pursue justice if you've been harmed by a defective product.

What is product liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for any injuries caused by defective products. This can include defects in design, manufacturing, or a failure to provide adequate warnings or instructions.

What are common types of product liability claims?

Common product liability claims include negligence, defective product design, failure to warn, defective manufacturing, and breach of warranty. Each claim involves different legal standards and proof requirements.

How do I prove negligence in a product liability case?

To prove negligence, you must show that the manufacturer failed to exercise reasonable care in designing or producing the product, that this failure caused the product to be unsafe, and that you were injured as a result. Evidence such as expert testimony, product testing, and accident reports can help establish negligence.

What constitutes a defective product design?

A defective product design occurs when the product's design is inherently unsafe, even if manufactured correctly. To succeed in a design defect claim, you must demonstrate that a safer, feasible alternative design existed and that the defective design directly caused your injury.

What is a breach of warranty in product liability cases?

A breach of warranty occurs when a product fails to meet the quality or safety standards promised by the manufacturer or seller. This can include express warranties (explicit promises about a product) and implied warranties (assurances that a product is fit for its intended use).

How long do I have to file a product liability lawsuit?

The statute of limitations for filing a product liability lawsuit varies by state. In Florida, you generally have four years from the date of injury to file a claim. However, it’s crucial to consult with an attorney as soon as possible to ensure your case is filed within the appropriate time frame.