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Palm Coast Product Liability Lawyer

Were you injured by a defective product Flagler County?

This area of personal injury law is highly complex. While most attorneys can bring a claim against an adverse driver in an auto accident case, it is another thing entirely to bring a case against a major auto manufacturer when a seat belt fails during that accident which increases the injury.

The field of product liability includes bringing claims against the manufacturer and/or seller of a product which harms someone. What makes these cases complicated is that there are more legal theories other than simple negligence and can include an area of the law known as strict liability. The level of effort and resources need to take on these major companies is significant. It is important to consult with an attorney that has a team filled with the experience, the resources and the knowledge of the experts available for your particular product and injury.

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Important Steps to Pursue a Product Liability Claim

It may be self evident but, the first crucial step after seeking medical attention following an accident is to secure and preserve the product in question. While negligence actions focus almost exclusively on the behavior of the parties, product liability claims will focus on the performance, design and or manufacture of the product.

Even the at fault party can seek a product liability claim if the defective product contributed to the cause or increased the severity of an injury.


Here is a good example of such a situation.


A driver drops a cell phone under the drivers seat and takes his eyes off the road in an attempt to pick up his phone. By doing this he swerves off the road and runs head on into a telephone pole. He suffers severe injuries and loses vision in one eye when his face strikes the steering wheel. In this situation he is the at fault driver because his negligence was the cause of the accident. However, the reason his face struck the steering wheel was because the driver side airbag failed to deploy as it should have. Under the circumstances the driver still has a product liability claim against the car manufacturer, the airbag maker and possibly the car dealer where he purchased the vehicle.

In the airbag example you can see how important it is to have both the car and the airbag module available as evidence. This usually requires that your legal team procure the evidence and stores it at a secure location for future study by expert engineers.

The same holds true for any other defective product that causes harm, including:

  • Tires (retreads cause many accidents)

  • Fitness Equipment

  • Power Tools

  • Beauty Products

  • Children's Toys

  • Garden Tools

  • Drugs and Medical Devices

These and any other defective product must be saved as evidence in any product liability action.

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