How does the law distinguish between product manufacturers and product distributors?
Product Liability Law in Florida distinguishes between manufacturers and distributors in multiple ways. Manufacturers produce, assemble, and/or design products, while distributors purchase and re-sell them. Manufacturers have a greater level of responsibility in terms of product safety, as they are responsible for initially creating a product that meets safety standards. As a result, manufacturers are more likely to be found liable in a products liability lawsuit than distributors. Distributors, on the other hand, are generally only liable for any defects in the product if they knew or should have known that the product was defective before selling it. Distributors may be liable in certain cases where they have the responsibility of ensuring that the product is safe for consumer use. For example, if a distributor sells a product knowing that it is defective, they may be liable for any resulting injuries. In Florida, manufacturers are primarily liable for any damages caused by their product—unless the manufacturer can prove that the product was misused or altered after leaving their control. Additionally, the law states that a distributor will not be held liable for a product if the defect was not discoverable before it was sold. This means that a distributor can only be held responsible for failing to alert a customer to a defect that was already present.
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