West Palm Beach Product Liability Lawyers

Manufacturers, wholesalers, and retailers of products can be held liable for any damages resulting from the use of defective or hazardous products. This area of law is referred to as product liability, and covers all types of goods: food, drugs, real estate, and virtually all consumer products.

Under product liability law, the plaintiff seeking damages for injury does not need to be the original purchaser of the product. In many cases, the person seeking damages is not required to prove negligence. This results from what is legally known as "strict liability." Under strict liability, proof of specific intention or negligence is unnecessary: if the product is defective, and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition.

Using a product in a manner not intended by the manufacturer or retailer, or altering a product to disable safety features may void any claims to product liability titigation.

Under product liability, questions of negligence and breach of warranty may also be grounds for a claim for damages. Regarding negligence, if a company can be shown to be negligent in testing its product or in supplying directions for its use, most likely the injured party does have grounds for filing suit. Similarly, upon the sale of an item, a manufacturer implies a warranty for fitness of use and freedom from defect. When an item proves to be defective or unfit for the purpose intended, an injured user has the option of filing a product liability claim. One very important point in a case of negligence is that the plaintiff be able to show that the product was defective when it left the control of the party he is suing; a defect that occurred after that party relinquished control over the product is usually not eligible for suit.

Various defect can occur in product liability. If the claim is strict liability, the injured party will need to demonstrate that, due to a defect, the product was unreasonably hazardous for its intended use. There are three general areas in which a product can be unreasonably hazardous:

1. The manufacturer or seller may fail to warn about dangers associated with the use of the product. Manufacturers and sellers are expected to give adequate warnings about any potential dangers, and to provide clear and adequate instructions of use. A failure to do so can turn a useful product deadly.


2. Design defect. This means that the product has an inherent flaw in its manufacturing. Even when assembled and used properly, it is flawed, such as a gasoline tank with inadequate, weak walls.


3. An otherwise safe product may be rendered dangerous because of improper assembly. Missing or cross-threaded bolts may cause a car to lose a wheel at high speed, injuring or killing the driver and passengers.

In all cases of product liability, an irreplacable part of a successful case is the original product in question, along with all original paperwork, preserved and made available to the court. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.

If you or a loved one is in need of legal assistance, call The Law Offices of Casey D. Shomo at (561-659-6366) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.