Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
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Helping individuals & families across Florida with their legal matters since 2005

Litigation Newsletter

  • The Right to Sue Family Members
    Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that... Read more.
  • Invasion of Privacy: Intrusion Upon Seclusion
    A “tort” may generally be defined as an act deemed wrongful enough that one who suffers injury from it may bring a lawsuit to recover damages. Many torts have their origin in “common law,” which is the body of... Read more.
  • Liability Waivers and Their Enforcement
    In general, individuals may be held liable for damages arising from their negligence, and businesses may be held liable for the negligence of its employees. However, it may be possible to avoid such liability under certain circumstances... Read more.
  • Structured Settlement May Offer Tax Breaks and Other Benefits
    There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or... Read more.
Litigation News Links

Product Liability Defenses Available to Manufacturers of Defective Products

Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to defective products and approximately 70,000 to 80,000 lawsuits are filed each year against manufacturers of allegedly defective products.

Product Liability Defenses
The defenses available to manufacturers of allegedly defective products vary from state to state, but some common defenses include:

  • Assumption of risk – injured individual was aware of potential danger of using product in prescribed method, yet continued to use the product
  • Comparative fault or contributory negligence – injured individual contributed in some capacity to the injury caused by the product
  • Failure to follow instructions or warnings – injured individual was aware of instructions and warnings but failed to comply
  • Misuse – injured individual improperly used the product thereby causing injury
  • Statute of limitations – injured individuals may have a certain time limit to bring their claims before their right to recover is ultimately lost
  • State of the art – manufacturer could not have known of inherent risks of the product or updated designs were unavailable to the manufacturer at the time of sale or manufacture

If a manufacturer of an allegedly defective product successfully asserts one of the aforementioned product liability defenses, the injured individual's damage recovery may be limited or non-existent.

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