Product liability claims result from defective products. The claim involves the liability of anyone involved in the manufacture of the product, from the manufacturer or design of component parts, to the assembling manufacturer, to wholesalers and retailers.

Food, blood drugs, medical devices, appliances, automobiles, tobacco, a bicycle -- if any product contains an inherent defect that causes harm to the consumer, some party in the chain of manufacture, distribution and final sale may be liable.  If so, you may be entitled to compensation.

Product liability claims are based on any combination of three theories, or counts: negligence, breach of implied and express warranty, and strict liability.

In a product liability case, the product must be proven defective. For a product to be considered defective, it must have either design defects, manufacturing defects or defects in marketing. It is irrelevant if anyone in the manufacturing and distribution chain exercised great care to prevent injury -- what is relevant is if the product contained a defect that caused harm. (This is called a strict liability.)

Product liability law is expansive, incorporating both individual injury and massive class-action lawsuits. If you’ve been injured by a product, please contact our Gainesville, Florida product liability attorneys of Avera & Smith to discuss the specifics of your case.

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