Faulty Product Injury

These type of cases will usually involve an item purchased by a consumer that has either malfunctioned or been designed in such a way as to cause injury to another. There are many issues involved in product liability cases that are unique to this area of law. In these type of cases, we often have legal grounds which we can use to seek payment of damages for our clients, including the following:

Implied Warranty of Merchantability: meaning the Defendant merchant impliedly gave a warranty on the product that the item was fit for the ordinary purpose for which the item was intended. For example, in selling a bicycle, a store gives an implied warranty that the bike is fit and able to be used safely in the ordinary manner one would expect to use a bicycle.

Basis Negligence: meaning the retailer or manufacturer knew, or should have known, about a defect in the produce, they had a duty to cure the defect and/or warn the consumer about the danger, and failed to do so. In other words, negligence is basically doing something that a reasonable would not do, or not doing something that a reasonable person would do.

Strict Liability: arguing that the item purchased had, at that time, a defect that made the item unreasonably dangerous for its intended use.

The above are just three examples of how a products liability case could be pursued. At Kinney, Fernandez & Boire, we have successfully handled cases against retailers and manufacturers of consumer products whose items have injured individuals. Our office has worked with engineers who are experts in this field in order to present a strong case on behalf on our clients.

Faulty Products:

Product manufacturers, by law, have some major responsibilities to protect consumers.

  • Design a safe product
  • Prevent dangerous flaws from occurring during the manufacturing phase
  • Advertise the product truthfully

Unfortunately, some product manufacturers do not follow these rules, placing consumers at an unnecessary risk of injury.

The personal injury Law Offices of Kinney, Fernandez, and Boire, PA is investigating claims of faulty products for design flaws, dangers manufacturing flaws, and false advertising. Recently faulty products have been highlighted in the media causing severe injury and in some cases even death to its unsuspecting consumers. Among these are:

  • Salmonella in Peanut Butter
  • Denture Cream
  • Chinese-made Drywall
  • Pharmaceutical Drugs
  • Medical Devices
  • Defective Tires
  • Bad Meat
  • Automotive Defects
  • Defective Products
  • Hip Replacement Recall
  • Lead Paint Lead Poisoning
  • Product Liability
  • Asbestos & Silicosis

Design defects, marketing defects, and manufacturing defects can pose threats of injury to innocent consumers. Improper warnings or instructions on a product's packaging can cause injuries to the person using the product. The results of product liability accidents may cause long lasting effects on the victim, be it physically, emotionally, or financially. If the product is proven to be defective the defendant is held legally responsible.

If you or a loved one has been injured due to a faulty or defective product contact the Florida Product Liability Lawyers at Kinney, Fernandez, and Boire, PA.

If you believe that you or someone you know has been injured by a defective product, it is important to maintain the item safely in order to allow for a complete inspection and analysis by an expert. Take photographs of the item, the area of the accident, your injuries and try to preserve as much evidence as you can. Finally, it is important to hire a lawyer as soon as possible in order to move your cases in the right direction from the beginning.

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