Product Liability

Searching for a defective products lawyer in North Florida?

Manufacturers of products are required to use reasonable care to avoid putting defective and unsafe products on the market. According to the Consumer Product Safety Commission, defective products cause thousands of serious injuries and wrongful deaths in the United States each year. At Spohrer & Dodd, our product liability attorneys have decades of experience in aggressively and effectively representing clients in claims related to a wide range of defective or dangerous products, including:

  •  Dangerous Toys and Other Children’s Products
  •  Crib and Child Safety Seat Defects
  •  Vehicle Roll-Overs
  •  Tire Defects and Roof Crush
  •  Vehicle Design and Manufacture Defects
  •  Passenger Restraint Failures (safety belts, door latches, airbags, seat backs)
  •  Dangerous Medical Products and Devices
  •  Faulty Home Appliances
  •  Defective Sporting Goods and Other Recreational Items
  •  Dangerous Tools or Industrial Machinery
  •  Aircraft Component Defects and Failures

Unsafe products cases can be difficult to determine liability and large companies have perfected their strategies for hiding important evidence. Our product liability lawyers are tough on companies who manufacture and distribute products that harm others, especially when they deliberately bend the rules or try to place blame on the victims. At Spohrer & Dodd, we have the capacity to fight the tough fight using the most aggressive trial tactics. We also consult with product engineers and hire medical experts to build a successful case.

Product Liability Lawyers: Cases and Causes

Legal claims that arise from injuries or deaths caused by unsafe products are known as product liability cases. In general, the law requires that a product meet the ordinary expectations of the consumer. While each circumstance is unique, the liability for defective or dangerous products may lie with any or all of the parties in the distribution chain, including product manufacturer, component parts manufacturer, wholesaler and retailer.

Products may be unsafe or defective for several reasons:

  •  Poor Manufacture
  •  Product Design Failure
  •  Inadequate or Incorrect Directions
  •  Lack of Warnings or Dangers
  •  Misrepresented Functionality

Typically, product liability claims are based on state laws and brought under the theories of negligence, strict liability or breach of warranty. We have the expertise and resources to aggressively investigate the cause of any accident or injury related to an unsafe product. This in-depth work coupled with our aggressive prosecution of claims has resulted in multi-million-dollar verdicts and settlements and changes in the law and the way products are made.

Protecting Consumers and Changing Policy

An example of our work is the Lohr v. Medtronic case. Our client’s claim, involving the failure of a heart pacemaker, became a “textbook” case decided by the U.S. Supreme Court. Although the medical device was supposed to work for years, several painful surgeries were needed for it to function as designed. The manufacturer blamed the surgeons and said that the FDA had approved the device, so no lawsuit could be brought. This attempted defense, called “preemption,” became the important issue to the Supreme Court, who ruled in our favor.

Due to this landmark ruling, consumers are not barred from challenging faulty medical products. Additional information: