Find Lawyers in Fort Lauderdale, Florida for Product Liability Litigation - Plaintiffs
Kristin E. Bianculli is an experienced trial attorney at Kelley / Uustal who handles a wide range of personal injury and wrongful death cases, including those involving auto accidents, dangerous and unsafe consumer products, and premises liability, among others. Ms. Bianculli is a graduate of Saint Joseph’s University and Nova Southeastern University. She is a passionate advocate for clients and has earned a positive reputation for her abilities and trial skills. She has been named to t...
Attorney Todd R. Falzone is an experienced South Florida personal injury lawyer who has secured dozens of multi-million dollar settlements and verdicts for personal injury and wrongful death victims. Mr. Falzone has helped secure hundreds of millions in compensation on behalf of clients at Kelley/Uustal, particularly in the areas of product liability, auto accidents, premises liability, medical negligence, maritime accidents, and discrimination. He has been named one of the most effective law...
Attorney Robert W. Kelley is a founding Partner at Kelley/Uustal. Mr. Kelley is a highly accomplished attorney. He has earned numerous awards and recognitions, including his continued inclusion in the Best Lawyers in America publication, Florida Super Lawyers ® Magazine, and South Florida’s Best Lawyers. Mr. Kelley has tried over 100 jury trials. His record of success includes the 7th largest jury verdict in the country according to the National Law Journal, and more than 25 multi-m...
Attorney John Uustal is a founding partner at the Fort Lauderdale law firm, Kelley/Uustal. John specializes in protecting the rights of catastrophically injured victims. Mr. Uustal holds an impressive record of success, including many multi-million dollar verdicts and a $51 million car accident verdict—one of the largest verdicts ever awarded for an individual. As a result of his continued success, Mr. Uustal has been named one of the Best lawyers in America and has been included in mul...
Product Liability Litigation - Plaintiffs Definition
Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product, and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing, or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer - from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty, or even fraud.
Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation, and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison