Tampa Product Liability Attorney
Product defect cases often entail complex litigation involving numerous defendants. Plaintiffs may seek compensation from manufacturers, distributors, suppliers, retailers, or any actor in the stream of commerce between product and end user. The simple fact is that not every product injury is attributable to a design flaw or manufacturing defect; far from it. HD Law Partners works through the myriad complex issues to provide strong, effective defense to product manufacturers and their insurers where the facts do not support imposition of liability on the defendant. Contact our experienced Tampa product liability attorneys today, we can help.
Strong defense is required in strict liability cases
Under a theory of strict liability, it is not necessary to prove negligence or fault on the part of the manufacturer of an alleged defective product. Still, a plaintiff in a products liability case must prove that the product was defective at the time it left the manufacturer’s control, and that the defect was the proximate (legal) cause of the alleged injury. Among the many issues which must be considered in determining whether liability should attach include:
- Did the plaintiff misuse the product?
- Was the plaintiff’s use of the product according to its intended use, or was it a reasonably foreseeable use of the product?
- Did the plaintiff’s own negligence contribute to the accident or to the extent of injury?
- Did the plaintiff know of the danger or defect in the product yet use it anyway (i.e. did the plaintiff assume the risk of injury)?
- Was the plaintiff an intended user of the product (e.g. was a child using an adult product)?
- Was the product subject to some substantial change or modification between the time it left the manufacturer’s control and the time it fell into the hands of the plaintiff?
- Is the plaintiff’s claim preempted by federal law? Claims involving alleged defects in automobiles, pharmaceuticals, medical devices and other products may be subject to federal preemption.
Seek Experienced Legal Representation in Tampa Products Liability Defense
HD Law Partners is experienced in complex products liability litigation. The firm has worked closely with corporate counsel for a leading national home improvement retailer, and has served as national coordinating counsel for fire retardant plywood roof sheeting cases and class actions. Products liability cases are notoriously complex, and experience counts. For assistance with defense of a product liability action in central Florida from Sarasota to Gainesville, call HD Law Partners at our offices in Tampa (813-253-5333) and Orlando (800-876-3392).