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Serving the State of Florida
Civil Litigation, Trial Attorneys and Personal Injury Law Firm in Fort Lauderdale
Barry G. Roderman & Associates, P.A.
If you or someone you know has been injured by a defective product, you may be entitled to compensation. The attorneys at the law firm of Barry G. Roderman & Associates, P.A. have a successful history of litigating product liability cases and recovering compensation for our clients.
Product Liability cases include food poisoning, defective products and failure to warn consumers of the risks associated with the products. There are three types of claims of product liability claims: Negligence, Strict Liability, & Breach of Warranty. We evaluate your claim and determine whether or not it fits into one of the categories.
Negligence: The claimant must show that the carelessness in the design or manufacture of the product led to his or her injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. The consumer must then show that the defendant breached this duty. A “breach of duty” can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The claimant must also prove that the defective product caused their injuries.
Strict Liability: In general, products liability cases are pursued under the theory of strict liability. With these claims, the injured party is only required to prove that a defect in a product exists and that an injury was sustained as a result. If a defect exists, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercised extreme caution and care when manufacturing the product. For strict liability to apply, the product must have been purchased in the chain of distribution. Products purchased second-hand are not eligible for strict liability claims.
Breach of Warranty: When a good is sold, there are two warranties the buyer relies on: the express warranty and the implied warranty. We will review the facts surrounding your injuries to include the details of representation made to you during your purchase of the product. If your claims fits into one of the categories, then our attorneys will pursue the action on your behalf.
If you believe you have a potential claim for any injuries sustained, call us to discuss your case.
Call us today at 954-761-8810.