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

  • Allocation of Costs and Fees in Litigation
    Many people embark on a lawsuit without taking into consideration all possible consequences. Litigation can be very costly and not all the costs are obvious. Most expect the costs of hiring an attorney and make payment arrangements,... Read more.
  • Redress for Injuries Caused by Defective Products
    Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably... Read more.
  • Limits on the Imposition of Punitive Damages
    An injured party who has successfully proven that the injury and damages were caused by the defendant may be entitled to an award of “punitive damages” in addition to actual damages. Punitive damages are designed to punish... 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.
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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