Grossman Attorneys at Law
841 Prudential Dr
Suite 1247
Jacksonville, FL 32207
800.940.8048
In order to establish the first element, the plaintiff must show that his injury was caused by a product that was defective. Whether a product caused the injury may not be the focus of the case when the plaintiff alleges that the defendant was negligent in designing it or failed to warn of its dangers. Further, this issue may not require an enormous amount of time to litigate when the plaintiff alleges that the defendant breached an express or implied warranty. However, the issue of whether the injury was caused by a product is very important when the cause of action is based on strict liability, primarily because of the elements that must be established in order to prevail under that theory. While it is apparent that the question of whether a product caused the injury may become more prominent in cases based on one legal theory as opposed to another, there are important principles that apply that may make this issue relevant and important in any case. Call or email our trial lawyers, Tim or Howard, for more information. Our trial attorneys will diligently and aggressively prepare your accident case in order to receive the compensation you deserve. We speak Spanish and Portuguese. Grossman Attorneys at Law
Through the years, our trial law firm has recovered millions of dollars on behalf of people who have sustained catastrophic or life-altering injuries caused by unsafe or defective products*.
Product Liability Law is complex and constantly changing. This field of law encompasses products ranging from defective power tools, to medications to defective tires.
There are three elements that must be established by the plaintiff bringing a lawsuit in order to prevail in any products liability cause of action. The plaintiff must prove:
Once it is determined that a product caused the injury, the plaintiff must establish that is was defective. A product may contain a design defect, a manufacturing defect, or it may be defective because the seller or manufacturer failed to adequately warn of the product's dangers, such as placing proper warning labels on power saws.
Florida courts have also ruled that the defect must have been present at the time the product left the possession of the manufacturer, supplier, or retailer.
Once the plaintiff shows that the product was defective, he must prove that it caused his injuries. This is often accomplished through the testimony of the plaintiff and expert witnesses, including physicians.
Florida Product Liability Law is complex. Product liability cases are usually heavily defended by manufacturers, distributors and sellers. Our experienced product liability lawyers, Howard S. Grossman & Timothy Nies, have litigated hundreds of product liability cases. In fact, prior to joining our firm, Timothy C. Nies was a senior insurance defense attorney where he defended Fortune 500 companies in product liability cases. Our trial lawyers represent clients injured in product liability cases involving:
841 Prudential Drive
Aetna Building, Suite 1247
Jacksonville, FL 32207
Tel: 904.398.8048
Toll-free: 1.800.940.8048
E-mail: timnies@ymail.com
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Usually products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable whether or not it acted negligently. Strict liability allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do wrong in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products. Breach of warranty based product liability claims usually focus on one of three types: (1) breach of an express warranty Product liability claims may also be brought under a breach of warranty claim. Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction. Unlike negligence claims, which focuses on the conduct of the manufacturer, or strict liability claims, which centers on the condition of the product, warranty claims concern how these issues relate to a commercial transaction. Our product liability lawyers speak spanish, portuguese, french, japanese and russian. If you have been injured by a dangerous saw, or other appliance, call our product liability lawyers today. Our Jacksonville trial lawyers represent clients in Jacksonville, St. Augustine, Jacksonville Beach, Amelia Island, Ponte Vedra and throughout Duval County, Florida. We offer free consultations with our trial lawyers. Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits in Florida. Our law firm speaks spanish. Our lawyer speaks portuguese. Our attorneys speak French. Our products liability lawyers offer free consultations. The personal injury and tort trial lawyers at our Jacksonville Florida help injured clients seek the justice they deserve. The lawyers at our firm are experienced in litigating cruise ship injury claims by passengers and cruise ship seamen. Our attorneys and staff speak Spanish and Portuguese. Please also visit: advogados Pompano Beach Lawyers, Palm Beach Truck Accident Lawyers. For more information regarding our wrongful death litigation practice, please call us or email us.
-----------------------------------------------------------------------------------------------------------------------------------------
Our experienced product liability and accident trial lawyers in Jacksonville, in Duval County, Florida represent clients with family members or loved ones who died due to negligent or dangerous products. Our lawyers represent clients in Jacksonville, St. Augustine, Jacksonville Beach, Daytona Beach and throughout North Florida. If your family member, friend or loved one has been killed due to a dangerous product, dangerous medication, improperly designed product, we can file a product liability claim for you.
It is important that you speak with an experienced attorney before you speak with an insurance claims adjuster. Our lawyers in Jacksonville are experienced in litigating accidental death cases involving SUV rollover, airbag injuries, car rollovers and product liability cases. Our wrongful death attorneys in Jacksonville are experienced in trying cases involving fatal truck accident, auto accident, motorcycle accident, bicycle accident, waverunner accident, personal watercraft accident and involving swimming pool accidents. From our Jacksonville, Boca Raton and Clewiston offices, our attorneys represent clients throughout Duval County, Broward County, Miami-Dade County and Hendry County.
Our law firm services the legal needs of clients in Jacksonville, Saint Augustine, Jacksonville Beach, Atlantic Beach, Orange Park, Middleburg, Neptune Beach, Ponte Vedra, Amelia Island, Fernandina Beach, Pecan Beach, Mayport, FL following the death of a family member or friend due to negligently manufactured or designed products such as tools, chairs, industrial equipment. Our wrongful death and accidental death attorneys represent clients in Jacksonville, Saint Augustine, Jacksonville Beach, Atlantic Beach, Orange Park, Middleburg, and Neptune Beach. We are experienced personal injury lawyers who represent clients in Duval County. Our aggressive PI and accidental death lawyer Timothy Nies and personal injury attorney Howard Grossman represent clients in North Florida. Our law firm has offices in Boca Raton, Clewiston and Jacksonville, FL.
In Florida, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty and consumer protection law. Each type of a product liability claim requires different elements to be proven to present a claim. A Florida products liability claim is usually based on one or more of the following causes of action: design defect, manufacturing defect, a failure to warn. Our Jacksonville Law firm represents clients in throughout North Florida, including Jacksonville and St. Augustine. Our trial lawyers are experienced in prosecuting cases of dangerous products and defective products that cause injury.