Van Riper & Nies Attorneys       772-232-7774
Stuart Personal Injury Law                Veteran-owned Trial Law Firm

Product Liability

"We work for justice for our clients and their families..."

Van Riper & Nies Attorneys rely on open communication, proactive litigation and hard work in bringing justice to their clients. 

Our attorneys are experienced in the investigation and prosecution of dangerous or defective product claims in Florida. We are known for our responsiveness, proactive and hands-on litigation style, investigative and negotiating skills, and our accessibility to our clients. We leave no stone unturned in the investigation and litigation of your case.

Products sold and provided to consumers should meet the ordinary expectations of consumers. If a product is dangerous and defective, then the manufacturer, distributor and seller can be held liable for all the harms and losses from the use of the product.

Product Liability Law is complex and constantly evolving. This field of law encompasses products ranging from medications to defective power tools.

There are three elements that must be established by an injured consumer bringing a lawsuit in order to prevail in any products liability cause of action: 1) that a defect was present in the product, 2) that it caused the injuries complained of, 3) that the defect existed at the time the manufacturer, retailer or supplier parted with possession of the defective product.

In order to establish the first element, the injured must show that his injury was caused by a product that was defective. Whether a product caused the injury may not be the focus of the case when the consumer alleges that the defendant was negligent in designing it or failed to warn of its dangers. Further, this issue may not require an enormous amount of time to litigate when the injured consumer alleges that the defendant breached an express or implied warranty. However, the issue of whether the injury was caused by a product is very important when the cause of action is based on strict liability, primarily because of the elements that must be established in order to prevail under that theory. While it is apparent that the question of whether a product caused the injury may become more prominent in cases based on one legal theory as opposed to another, there are important principles that apply that may make this issue relevant and important in any case.

Once it is determined that a product caused the injury, the consumer must establish that is was defective. A product may contain a design defect, a manufacturing defect, or it may be defective because the seller or manufacturer failed to adequately warn of the product’s dangers, such as placing proper warning labels on power saws, or ladders.

Florida courts have also ruled that the defect must have been present at the time the product left the possession of the manufacturer, supplier, or retailer.

Once the injured consumer shows that the product was defective, he or she must prove that it caused his or her injuries. This is often accomplished through the testimony of the injured consumers and expert witnesses, including medical doctors, and engineers.

Product liability cases are include, among others: defective power tools like nailguns, defective tires, defective autos and airbags, commercial trucks, defective motorcycle helmets, dangerous childrens' tools, defective ladders, asbestos, industrial products and machines, unsafe home appliances, dangerous electrical equipment and dangerous medications.

 All our personal injury cases are taken on a contingency fee basis, meaning we do not take a fee or charge any costs unless we win.

For more information about our personal injury practice, please call us at 772-283-8712 or e-mail our Personal Injury Department Chair, Tim Nies, at  

Van Riper & Nies Attorneys, P.A.
900 SE Ocean Boulevard, Suite 140-E
Stuart, Florida 34994

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.

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