A claim under products liability law may result when a defect of the product causes an injury. A product can be defective because it was negligently designed or manufactured, incorporates a hidden danger, insufficient warnings or lacks instructions for proper usage.

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Claims Involving Children


The Firm’s Bartow office is located in the Historic E.A. Law Building located just two blocks from the Polk County Courthouse.

Product Liability

Serving Central Florida, Orlando and Tampa, FL

A claim under products liability law may result when negligence by the parties along the chain of production and distribution results in a defect of the product that causes injury. A product can be defective because it was negligently designed or manufactured, incorporates a hidden danger, insufficient warnings or lacks instructions for proper usage.

Attorneys with Lilly, O'Toole & Brown have successfully prosecuted cases involving the defective design/manufacture of automobile steering mechanism, sick building syndrome, negligent road design/improper signage, defective aircraft propeller, negligent bucket truck design, negligent design of a truck's gas cap, SUV roll-over, improper inflation of auto air-bags, etc. (See Verdicts/Settlements section of this website for details.)

Manufacturers are strictly liable for their products and have a duty to make sure that their products are safe before making them available to the public for use or consumption. When they fail to do so, serious injuries or death can result. As with any personal injury or wrongful death case, our job and our goal is to assist the client to recover both economic and emotional losses.

As a consumer, you have the right to be safe from harm when you or a family member uses an everyday product. Let's say you buy a new playpen for your one-year old child. If your child sustains a head injury by being caught between the bars of the playpen, you may be eligible to receive compensation for your child's injury. Product liability is an area of the law that protects consumers from product injury. Under the concept of "strict liability," a lawsuit can be filed without the need to prove negligence or fault if an injury is involved. This akes it easier for an injured consumer to sue the product manufacturer (and/or a related party) and recover damages to compensate them for their injury. Both state and federal laws apply to product liability cases, making it confusing at times to know the best place to file a lawsuit. This is especially true if a manufacturer operates in a number of states. A law firm experienced in product liability will study the circumstances surrounding your product injury and help you collect suitable compensation.

While every product liability case is different, the median award in products liability suits, not including punitive damages, was $1.8 million in 2000, according to Jury Verdict Research. If you or someone you love has been injured by a defective product click here for a FREE confidential case evaluation.

Types of Product Liability

Children are so vulnerable, relying on parents to watch out for their health and safety. That's why it's particularly heartbreaking to see an infant injured by a defective or unsafe product. Children's product hazards identified by the U.S. Consumer Product Safety Commission include:

  • Adult Bed / Water Bed Hazards for Children
  • Juvenile Furniture
  • Baby Bath Seats / Rings
  • Pacifiers
  • Baby Back Carriers / Carrier Seats
  • Rattles
  • Baby Gates / Enclosures
  • Strollers / Carraiges
  • Balloons
  • Teethers
  • Booster Seats
  • Walkers
  • Children's Toys
  • Water Toys
  • High Chairs

Many consumers suffer burns, allergic reactions and other injuries from everyday household chemicals and equipment, including:

  • Art Materials
  • Indoor Air Pollutants
  • Charcoal
  • Kitchen Ranges and Ovens
  • Dishwashers
  • Lead Hazards
  • Faucets (Lead Hazards)
  • Microwaves
  • Furnaces
  • Notebook Computer Batteries
  • Garage Door Openers
  • Paint and paint strippers
  • Halogen Lamps
  • Power Tools
  • Heaters
  • Sprinklers
  • Home Electrical Wiring
  • Tap Water Scalds
  • Humidifiers / Dehumidifiers
  • Wood Stoves

The active world of sports and recreation present a wide range of possible injuries. Sports equipment or facilities used in conjunction with the activities listed below frequently cause harm to participants:

  • Amusement Rides
  • Helmets
  • Baseball
  • In-Line skates
  • BB Guns
  • Playground Equipment
  • Bicycles
  • Skateboards
  • Exercise Equipment
  • Snowmobiles
  • Gardening
  • Soccer Goals
  • Go-Karts
  • Trampolines

Library for Product Liability:

  • Fireworks Safety Tips   
    Description: While fireworks are fun to watch, they can be incredibly dangerous. Fireworks can cause severe burns and other injuries if handled improperly.

Frequent Questions for Product Liability:

Case Results for Product Liability:

 

Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111

Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.

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