How do product liability laws differ between states?
Product liability laws differ from state to state. In Florida, a product liability law is a type of law that holds manufacturers, distributors, and sellers of a product responsible if the product causes injury or death to the user. It applies to any product that is sold in the state, whether it is manufactured in Florida or not. In Florida, product liability claims are generally based on four theories of liability. These include strict liability, negligence, breach of warranty, and misrepresentation. Strict liability states that a manufacturer or seller is legally responsible for any injury or death caused by a product regardless of how it was made or sold. Negligence is when a manufacturer or seller fails to exercise a reasonable degree of care to make sure a product is safe for its intended use. Breach of warranty is when the manufacturer or seller fails to provide the consumer with a product that meets their expectations. Misrepresentation is when a manufacturer or seller makes a false statement about a product or hides important information from the consumer. Each state also has slightly different versions of these theories of liability. This means that how a product liability case plays out will depend on the state in which it is brought. For example, some states impose a higher duty of care on manufacturers, while others may have more lenient standards of accountability. For this reason, it is important to consult a lawyer in the state in which the lawsuit is being brought to understand the details of the product liability laws in that state.
Related FAQs
Is a manufacturer liable for products they did not manufacture but only sold?What are some defenses a manufacturer might make in a product liability case?
Are there any restrictions on the types of damages that can be awarded in a product liability case?
How does a court determine if a product is “unreasonably dangerous”?
What is the “risk-utility test”?
What are the components of a successful product liability claim?
What factors do courts consider when determining whether a product is defective?
What is a “manufacturing defect”?
What protections does product liability law provide to consumers?
What is a “warning defect”?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023