bicycle with helmet

Free Case Evaluation

No fee unless you win!
  • *Please understand that no attorney-client relationship exists between us until a signed engagement letter has been executed.
  • This field is for validation purposes and should be left unchanged.
Injured by a FAULTY PRODUCT? Get the strength and experience of one of the area's premiere law firms.
  • Florida Bar Association Logo
  • Florida Justice Association Logo
  • INWeekly's Best of the Coast 2017
  • AV Preeminent Rating graphic
  • American Association for Justice logo
  • Best in Pensacola graphic small
  • AVVO 10.0 Rating graphic

Injured by a Faulty Product?

We are Your Pensacola Product Liability Lawyers.

In return for providing businesses an opportunity to earn profits and thrive in the American economy, consumers expect the right to feel safe from injury when they use the products or services they purchase.

When corporations break this trust, serious personal injury and even death can be the result. People have been injured by many types of defective products including auto parts, prescription or over-the-counter medications, construction equipment such as ladders, baby cribs and toys, and more.

It’s imperative in these cases that the evidence is preserved. In the early stages of the case, information will be required of you including the date of sale and where the item was purchased – you may also be asked to locate the instruction booklets, and much more.

What is a defective product?

Consumers think of defective products as those that don’t work. But the law in Florida is much more specific: Defective products are those that are harmful to consumers.

There are three primary types of defective products in Florida. These are the possibilities:

1.) Defective design

In a defectively designed product, there is a flaw in the design. If a toy had a piece that a small child could detach and swallow, this would be a defective design.

Consumers must be reasonable in their use of the product. In other words, consumers should use it how the manufacturer intended. They could also use it in a way that the manufacturer foresaw.

Even with proper use, a defectively designed product will still be dangerous. In that case, the manufacturer may be liable.

2.) Defectively manufactured

A defectively manufactured product had a safe design. But, as the manufacturer was producing it, there was an error. If the error makes the product harmful, the manufacturer could be liable for a manufacturer’s defect.

As above, the consumer must use the product in a way that the makers intended or reasonably foresaw. If they hurt themselves, this could lead to a product liability claim.

3.) Failure to warn

In a failure to warn case, the issue is the manufacturer’s failure to give adequate warnings. This is also called a marketing defect.

For this type of defect, the consumer needs to show that a warning would have made a difference. Specifically, if a warning could have lowered or minimized the risk of injury, the manufacturer may be liable.

How do you sue a company for a defective product?

If you have a defective product, you may be considering a lawsuit.

In Florida, manufacturers can be liable under various theories. The theories are strict liability, negligence, or breach of warranty.

With strict liability, the manufacturer is always liable for the product. It doesn’t matter if the manufacturer tried to make sure the product was safe.

In a negligence case, the consumer needs to show that they were actually injured or that they faced a loss. They must also show that they were not using the product in a way that was unreasonable or careless.

Consumers can also sue sellers on breach of warranty. If the manufacturer or seller gave an explicit warranty and then breached it, there might be a case. Additionally, if the product wasn’t merchantable, in that it wasn’t fit for its ordinary use, there might be a claim. Finally, the seller might have breached the warranty of fitness for a particular purpose. The seller would have to know the customer wanted the product for a particular purpose. If the product wasn’t fit for that purpose, there could be a claim.

No matter what, it’s always a good idea to have an experienced attorney review your potential claim. A Florida product liability lawyer can help you parse through your possibilities for recovery.

wrongful death attorney florida

Defective Product Injury Claims and Product Liability Lawsuits

At Emmanuel Sheppard & Condon, our injury lawyers are highly experienced in product liability injuries, and will fight for you against the makers of defective products and providers of dangerous services.

There can be many defendants in a defective products case including the manufacturer, assembler, component supplier, testing laboratories, advertising agencies, distributors, retailers and repairers. As such, the verdicts can be quite high.

  • Dangerous products
  • Defective products
  • Faulty machinery
  • Wrongful death
  • Injuries from children’s toys
  • Manufacturing defects
  • Improper warnings
  • Industrial equipment

Pensacola Product Liability Lawyers

Contact the injury lawyers of Emmanuel Sheppard & Condon. We’ll schedule a free product liability consultation to discuss your case, and decide the best way to move forward.

If you have any questions about our personal injury services, feel free to check out our frequently asked questions.

For a free consultation please call (850) 444-HURT (4878).

Pensacola personal injury lawyers of Emmanuel Sheppard & Condon

“To hire a law firm is not an easy process but you guys made it easy. Thanks!! Keep up the good work… Satisfied Client.”
– Glen T.

See More of OUr Clent Testimonials