PRODUCT LIABILITY DEFENSE
Under Florida State law, a manufacturer or any entity involved in the chain of distribution of an unreasonably dangerous product can be held liable for bodily injuries or property damage. Product liability lawsuits are civil claims that focus on the inherent defects in the design of a product, negligence in manufacturing or distribution, or inadequate warnings or instructions in using the product.
Under Florida State law, a manufacturer or any entity involved in the chain of distribution of an unreasonably dangerous product can be held liable for bodily injuries or property damage. Product liability lawsuits are civil claims that focus on the inherent defects in the design of a product, negligence in manufacturing or distribution, or inadequate warnings or instructions in using the product.
Complex Cases Require Highly Skilled Defense
Buchanan & Buchanan, P.A., has extensive experience in the defense of product liability claims for insurance carriers, self-insured entities, and the insured for a diverse line of products. Our resources include relationships with expert investigators and the latest technology to analyze complex product liability claims. We prepare each case as if it is going to trial. From its initial design to the end result when it reaches the consumer, the product’s journey is scrutinized to develop the most effective line of defense.
Common Defenses to Product Liability Claims include, but are not limited to:
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Comparative negligence – Reduces compensation or dismisses a claim, as the plaintiff shares responsibility for the injury due to their conduct.
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Modification – Potential defense to absolve the defendant of responsibility when the product was altered, especially by removing safety devices.
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Misuse of a product by the plaintiff – May excuse the defendant from any liability if the misuse is unforeseeable. Therefore, the manufacturer had no obligation to consider this in the design of the product.
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Assumption of risk – Based on the premise that the plaintiff was aware of a hazard or defect and engaged in risky behaviors that resulted in an injury.
We use Aggressive Strategies to Protect your Business
At Buchanan & Buchanan, P.A., we are well-versed in insurance defense and represent nationwide insurance companies, corporations, and local businesses throughout Florida. We use all available legal means to defend our clients, weighing all factors in developing a strategy that is most likely to succeed. Defense strategies are developed from the nature of the plaintiff’s evidence, legal and scientific research, and pertinent case law. Our legal team stays current on State and industry standards to counsel our clients on limiting their risk for liability exposure.