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In General, Products Liability is the area of law that deals with damages that occur when things go wrong with a product. Products Liability deals with either manufacturer defects or marketing defects. Manufacturer defects are those inadequacies with a product that are a direct byproduct of the design of a product. For instance, if a shoe is manufactured with slippery soles. Whether the soles were an intended design of the manufacturer or an error of production is not important. If this shoe causes someone to slip due to this slippery sole and that person becomes injured, the manufacturer may be liable. This is called strict product liability. In Florida, a manufacturer may be held liable, regardless of the reason for the inadequacy of the product, if the product is unreasonably dangerous and it causes injury. This can be gauged by determining if the foreseeable risks for a product outweigh the benefits of the design. Marketing Defects are inadequacies due to the lack of proper marketing. For instance, if submerging a product in water produces an unreasonable danger of electrocution; a manufacturer should include a warning to the public about this danger. Failure to have this warning would constitute a Marketing Defect in that scenario.
PRODUCTS LIABILITY ATTORNEY
Most Products Liability Cases are driven by Expert Opinions and Testimony regarding the Product in Question. In addition, there may be other Legal Grounds, other than Products Liability, that must be pursued. A Products Liability Attorney can best assess these types of cases and often front the costs required for these types of lawsuits (Contingency Fee Agreeements).
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