Individuals who wish to pursue damages after suffering injuries because of a defective product must be able to establish that the product was defectively designed, manufactured, or lacked appropriate instructions and warnings. Under Florida law, consumers may proceed under a negligence or strict liability theory. Although claims may involve both theories, strict liability governs Florida product liability lawsuits in most cases. Strict liability theory provides that a seller, distributor, manufacturer, or any other entity involved in distributing a product, may be liable to anyone who suffers injuries because of the product. Under this theory, defendants may still be liable, even if they engaged in all possible steps to ensure that the defect did not occur.
Product liability claimants must be able to prove that the product was defective or unreasonably dangerous, the product injured the plaintiff, and the product’s inherent design or defect was the direct cause of the claimant’s injuries. The crux of product liability cases rest in whether a plaintiff can present enough compelling evidence to show that the product was defective or unreasonably dangerous to a reasonable, ordinary consumer. Evidence of a defective product may be the product itself. However, in some cases, the product may no longer exist. This may occur if it was a consumable product, such as a prescription medication or supplement, or if the consumer did not own the product. In either case, expert witnesses provide plaintiffs with critical assistance in explaining complex subjects to juries.
Expert witnesses can effectively communicate complex technical and scientific concepts to juries. These witnesses can testify on an injury victim’s behalf and convey convoluted theories in a clear and manageable way to the trier of fact. Some common expert witnesses are medical experts, engineers, rehabilitation specialists, and economists. Expert witness testimony is often the most compelling portion of a plaintiff’s case.
For example, recently, an appellate court issued an opinion reversing a lower court’s ruling in favor of a defendant manufacturer. In that case, the plaintiff suffered injuries, including a leg amputation, while working on a trailer that the defendant manufactured. The plaintiff argued that the defendant was liable for designing an unreasonably dangerous and defective product. In support of his claim, the plaintiff presented expert testimony from a professional engineer who was also a certified safety professional. The expert testified that the steps were inherently dangerous and did not comply with the Occupational Safety and Health Administration (OSHA) recommendations. As such, the appellate court found that the expert testimony was sufficient to create a genuine issue of material fact.
Have You Suffered Injuries Because of a Defective Product?
If you suffered injuries because of a dangerous or defective product, you should contact the Florida product liability attorneys at Friedman Rodman Frank & Estrada, P.A. The attorneys at our law firm represent clients in an array of legal matters such as lawsuits stemming from personal injury, medical malpractice, and wrongful death. Our knowledgeable and zealous attorneys understand and appreciate the evolving nature of complex tort laws. Through our representation, our clients have recovered significant damages for their losses. Contact our office at 877-448-8585, to schedule a free initial consultation with an attorney at our law firm.