Product Liability: Is It Defective?

• August 1, 2010
• James R. Green

A product that causes injury has to meet a set of legally defined criteria before a company is deemed liable for injuries or other damages.

The standard jury instructions approved by the Supreme Court of Florida state that a product is defective if:

• It does not conform to representations of fact made by the defendant, orally or in writing, in connection with the sale, on which the plaintiff relied in the purchase and/or use of the product;
• It is not reasonably fit for the uses intended or reasonably foreseeable by the defendant;
• It is not reasonably fit for the specific purpose for which the defendant knowingly sold the product and for which the purchaser bought the product in reliance on the judgment of the defendant;
• It is in a condition unreasonably dangerous to the user and the product is expected to and does reach the user without substantial change affecting that condition;
• By reason of its design, the product is in a condition unreasonably dangerous to the user
• and the product is expected to and does reach the user without substantial change affecting that condition.

If you feel you have been injured by a product that would be considered defective under these guidelines, a lawyer can help you determine your rights under the applicable laws.