To prove fault in a products liability lawsuit in Florida, you must show that the injury caused by a product was due to the negligence of the defendant. Depending on the facts of the case, the defendant could be the product designer, manufacturer, or seller. Florida is a “strictly liable” state, which requires proof the product had a defect that caused an unreasonably dangerous condition.
Three Elements to Prove in a Products Liability Claim
When you want to lodge a products liability claim, sufficient evidence must be found to prove the following three elements.
Loss. You must show that you suffered a noticeable injury or monetary loss as a result of using the manufacturer’s product.
Failure to warn. You must prove there was (a) a design defect, (b) a manufacturing defect, or (c) the manufacturer knew, or should have known, about the risks the defect presented but failed to warn consumers.
Product used as intended. You must show you used the product as the manufacturer intended it to be used or in a way the manufacturer could expect a reasonable person to use it.