5/23/2019
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Who is Liable for Defective Product in Fort Myers, Florida?
6/25/2019
The manufacturers and sellers of different wares, gadgets, and products have a responsibility to ensure that these are safe to use. In Florida, people use different products every day and these products are expected to function properly and not harm users or damage property. But what happens if you encounter a defective product? Is there any provision in Florida laws that can get you a defective product claim?
If you are interested to pursue a case because you have been a victim of an accident because of unsafe and defective products, know who can be liable under Florida law even before you contact a defective product Fort Myers FL attorney.
So who can be liable?
The makers and sellers of the products can be liable. The Sunshine State laws say that anyone who sells products and those who are manufacturers, retailers, and wholesalers can be a defendant when it comes to a defective product lawsuit.
In order to implicate a manufacturer or seller to the case, you must have used the product in a foreseeable manner. That means liability will exist not only to the use of the product as intended. It also applies to the use of the product in an unintended manner as long as it is foreseeable.
In looking at who is liable, the court will usually consider any of the two theories: negligence or products liability. The former focuses on the actions of the maker, seller, or distributor. The latter, on the other hand, scrutinizes the product itself. If you want to prove the strict liability of the defendant for a defective product, you must present that the product had a defect which rendered it in an unreasonably dangerous state. Any product can become defective because of manufacturing, design, or marketing errors.
When this happens, there is a possibility that you can file a defective product claim. If you decide to file a lawsuit, you may need a reliable defective product Fort Myers FL lawyer. For that, you can check Smith & Valentine Law and call them at 239-785-1186 or message them here.
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- +1 (239) 785-1186
- 1617 Santa Barbara Blvd., Suite 7 Cape Coral, Florida 33991
Experts with 25 years of law practice, personal injury attorneys/lawyers Mark Smith & Domenic Valentine are dedicated, zealous professionals that aggressively fight for right justice.
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