Find Lawyers in Tallahassee, Florida for Product Liability Litigation - Plaintiffs
Practice Area Overview
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.
Injury & Malpractice Legal Guide 2023View Legal Guide
JAMES W. GUSTAFSON JR . is a Shareholder with Searcy Denney Scarola Barnhart & Shipley, P.A., a member of the firm’s executive committee, and the managing partner of the firm’s Tallahassee office. He is a sixth generation Florida native who served with the U.S. Army’s 82nd Airborne Division and studied at St. Edmund Hall, Oxford, before becoming a trial lawyer. Mr. Gustafson is a member of the International Academy of Trial Lawyers, a worldwide organization limited to ju...
CAMERON KENNEDY is a shareholder with Searcy Denney Scarola Barnhart & Shipley, P.A. Throughout his career, he has dedicated himself to representing clients in cases across the State of Florida and throughout the Southeastern United States. As a trial attorney with an unparalleled work ethic and attention to detail, Mr. Kennedy has recovered more than $100 million on behalf of his clients, including many multi-million dollar verdicts and settlements in cases involving dangerous and defect...
CARTER W. SCOTT is licensed to practice in both Florida and Georgia and has been admitted pro hac vice to handle cases in various states throughout the country. He maintains a practice focused on wrongful death and serious injury cases resulting from brain injury, spinal cord injury, burns and catastrophic orthopedic injuries. He has represented clients in all types of complex litigation, with a focus on large personal injury lawsuits, including trucking collisions, products liability, medica...
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