Latest Blogs

Those who have been injured due to a product defect in Florida may bring an action against the manufacturer under a number of different theories, which includes the violation of a product warranty.  Florida law requires that manufacturers create products that satisfy their intended purposes — failure to do so (if it causes injury) may expose the manufacturer to significant liability.

Implied warranties are guarantees to the end-user.  There are two important implied warranties to consider in Florida: the implied warranty of merchantability and the implied warranty of fitness.

Let’s take a look at each in turn.

Implied Warranty of Merchantability

The implied warranty of merchantability promises the end-user that the product at-issue will be suitable for its ordinary purposes.  Ordinary purpose may be determined on the basis of marketing, normal custom, or even on the basis of consumer expectations.  For example, the ordinary purpose of Q-tips may include ear-cleaning, despite the fact that Q-tips are not necessarily intended to be used in such a way.

Implied Warranty of Fitness

By contrast, the implied warranty of fitness promises the end-user that the product at-issue will be suitable for a particular purpose.  This implied warranty is only applicable in situations where the seller of the product in question is aware of the particular purpose for which the product will be used (note: not its ordinary purpose), and where the purchaser relies on the seller’s skill or judgment.

Consider the following example for clarity.

Suppose that you purchase rugged tires from an auto parts store.  The salesman convinces you that the tires can be safely used for extreme off-roading, despite the fact that the tires are not actually intended to be used for anything more than normal roads.  You rely on the salesman’s knowledge, make the purchase, and take your truck off-roading with the tires in question.  The tires burst due to their inability to handle the off-roading conditions, and you suffer serious injuries. In the resulting accident, you would likely be entitled to compensation for your damages.

Of course, it’s not necessary that the seller makes the representation itself —  the seller may be held liable if he or she was aware of the particular purpose for which the product will be used and does not warn you against it.

Consult an Experienced Fort Myers Defective Product Attorney for Further Guidance

If you have been injured due to a product defect, then you may be entitled to significant damages pursuant to Florida product liability law.  Product liability claims may proceed under a variety of theories, including the implied warranties of merchantability and fitness — as such, it will benefit you greatly to work with an attorney who has extensive experience handling a broad range of product liability lawsuits.

Here at Spivey Law, Randall Spivey has decades of experience representing injured plaintiffs in personal injury disputes, including product liability lawsuits that revolve around implied warranty claims.  Unlike many other firms, we have a consistent track record of success in securing maximum compensation for our clients — whether we’re negotiating a settlement or arguing at trial, we are more than capable of advocating effectively for our clients’ interests.

Call (888) 477-7748 today to connect with Randall Spivey, a skilled Fort Myers defective product attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. for further assistance.  Consultation is free and confidential.