Schedule a
Free Consultation
Exceptional Legal Care With A Personal Touch – Serving New Port Richey With Expertise And Compassion
Contact Hero
Home page contact form
"*" indicates required fields
What This Page Covers:
- Common Cases: Design defects, manufacturing defects, and failure to warn are common product liability issues causing injuries or wrongful death, and each type requires careful legal handling to prove.
- Liable Parties: Manufacturers, distributors, retailers, sellers, wholesalers, and suppliers may be liable for defective product-related injuries due to design flaws, improper handling, or failure to warn.
- Recoverable Damages: Victims may seek compensation for medical bills, lost wages, pain and suffering, emotional distress, and reduced quality of life, even if partially at fault.
- How a Lawyer Can Help: Our experienced lawyers at McPherson & Thomas, P.A. handle every aspect of your claim, including investigations, collecting evidence, and negotiating with insurance companies to build a strong case for your claim.
Call us at 727-848-8892 or Schedule A Free Consultation Today
If you've been recently injured by a defective product, our attorneys can help you pursue the compensation you deserve. At McPherson & Thomas, P.A., our New Port Richey personal injury lawyers specialize in handling complex product liability cases involving design defects, manufacturing flaws, and failure to warn. Our dedicated legal team will identify responsible parties, gather evidence, and fight for your rights. Contact us today for a free consultation and let us help you navigate your claim to achieve the best possible outcome.
3 Most Common Types of Product Liability Cases that Involve Injuries or Wrongful Death
Generally speaking, there are implied, and usually expressed, warranties that a manufacturer makes when fabricating a product for use in the marketplace. The three most common types of product liability cases involve injuries or wrongful death due to:
- There is a design defect associated with the product, making it unreasonably dangerous. When the design of the product is defective, then typically every product made coming off the assembly line is dangerous;
- There has been a manufacturing defects issue associated with a product that has resulted in injury or death. In this scenario, it's entirely possible that the design of the product was safe, however, as little as a single "bad unit" came off the assembly line for some reason; and/or
- A failure to provide adequate warnings on the part of the manufacturer, which represents marketing defects in how the product is presented to consumers. Many products are just inherently dangerous, which does not make them defective. For example, chainsaws should certainly be handled with great caution, and we would all agree they could be quite dangerous. Therefore, a manufacturer of such a tool has an obligation to properly warn consumers of how to safely use it, and of particular steps that pertain to that particular product to make it as safe as possible.
This is a general overview, and there are many other types of legal claims that can be associated with defective products (e.g., breach of a variety of warranties). However, also generally speaking, a consumer must show that the product was not altered or modified in any way after production (and before injury), and that the defect in question was the cause of injury or death.
Many attorneys do not take product liability cases for a few reasons. These cases nearly always require a personal injury lawsuit to be filed, costly expert witnesses, and sometimes two years or more of litigation. Therefore, they are very expensive and time-consuming cases. Additionally, many times they result in several defendants being sued, which can result in an all out war of attrition, thus pitting the resources of a single law firm against wealthy manufacturing companies and their insurers!
Who May Be Liable for Product-Related Injuries in New Port Richey?
When you purchase a product, you trust those who designed, manufactured, and sold it to ensure its safety. Unfortunately, many parties fail to uphold this duty of care, with 323 product recalls resulting in over 550 injury victims in 2023. If you have been hurt due to a dangerous product, knowing whose negligence caused your injuries can be challenging.
Our dedicated product liability lawyer team at McPherson & Thomas, P.A. conduct a thorough investigation to identify a liable party, which may include one or more of the following:
- Manufacturers: If a defect in the product's design, manufacturing, or labeling, the design, component, or finished goods manufacturer may be held accountable for the harm the product caused.
- Distributors and Retailers: Distributors and retailers must ensure the products they sell meet safety standards. If they mishandle, improperly store, or fail to check a product's quality, they may be liable for your injuries.
- Sellers: If a seller or reseller knowingly sells a dangerous product without sufficient warning, they may be liable for not allowing you to make an informed decision.
- Wholesalers and Suppliers: Like retailers and sellers, wholesalers and suppliers are responsible for providing safe products to consumers. If they fail to do this, they may be liable for contributing to the victim's injuries.
With the evidence we gather, such as photos, witness testimony, and medical records, we may demonstrate the liable party or parties created or sold a defective product, you used the product as directed, and the at-fault party's negligence directly caused your injuries and damages.
Injured From An Accident? Call Our Experienced Attorneys
Potentially Recoverable Damages for Your New Port Richey Product Liability Claim
Injuries from a defective product can have a physical, emotional, and financial impact on your life, all of which deserve recognition and compensation. With the help of our skilled product liability lawyers at McPherson & Thomas, P.A., you have the best chance of securing a fair compensation settlement that reflects the full scope of your injuries, including catastrophic injuries and spinal cord injuries.
Depending on the severity of your injuries and other unique details of your personal injury claim, you may recover compensation for the following damages:
- Past, present, and future medical bills and medical expenses
- Lost wages from missed work
- Loss of earning capacity
- Prescribed medications
- Pain and suffering
- Disability or disfigurement
- Emotional distress
- Reduced quality of life
Even if you are partially responsible for your product-related injuries, you may still recover compensation under Florida's modified comparative negligence system, as long as you are found 50 percent or less at fault. Under this rule, each party involved in your claim receives a percentage of fault, which gets deducted from their damages. For example, if you are 10% at fault for your injuries and your claim is worth $300,000, you will receive $270,000. If you are found more than 50 percent at fault, however, Florida law bars you from recovering any damages.
Our product liability lawyer team in New Port Richey understands this system and how major companies and insurance companies may use it to undermine your claim. With our innovative and personalized strategies and years of experience handling complex product liability cases and other personal injury cases, you can trust us to advocate for the maximum compensation you deserve.
How Can a Lawyer Help With Your Florida Product Liability Claim?
Many product liability claims involve major companies with large legal teams, making them intimidating to pursue. Fortunately, with the guidance of our product liability lawyers at McPherson & Thomas, P.A. you don't have to handle it alone. We are here to support you every step of the way so you can focus on recovery. Our high-quality, comprehensive legal services cover every aspect of your case, including the following:
- Conducting a thorough investigation
- Collecting and analyzing evidence
- Interviewing witnesses
- Using our legal knowledge to answer your questions
- Utilizing valuable resources, such as medical professionals, to strengthen your claim
- Providing aggressive legal representation when negotiating with insurance adjusters on your behalf
- Taking your personal injury lawsuit to court if necessary, backed by our trial advocacy experience
In addition to managing your claim, we work efficiently to file your claim within Florida law's two-year statute of limitations so you can take advantage of your opportunity to fight for your rights while taking the time you need to heal. With over 25 years of experience, recognition in the Million Dollar Advocates Forum, a team that treats clients like family, and many millions recovered for accident victims, you can rest assured you and your personal injury claim are in the right hands.
Frequently Asked Questions
How long do I have to file a product liability claim in Florida?
Florida law generally gives you two years from the date of your injury to file a product liability lawsuit. Because evidence like the defective product itself, purchase records, and witness accounts can become harder to obtain over time, it is best to speak with an attorney as soon as possible after your injury to protect your right to compensation.
Can I still recover compensation if I was partially at fault for my injury?
Yes, under Florida's modified comparative negligence system, you may still recover compensation as long as you are found 50 percent or less at fault for your injury. Your compensation will be reduced by your percentage of fault. If you are found more than 50 percent at fault, however, Florida law bars you from recovering any damages, which makes it important to have an attorney who can accurately establish how the defect caused your injury.
Do I need to still have the defective product to file a claim?
Having the product is extremely helpful, since it often serves as the most important piece of evidence in a product liability case. If you no longer have it, your attorney can still investigate your claim using photos, purchase receipts, medical records, and other documentation, though preserving the product itself whenever possible gives your case the strongest foundation.
Who can be held responsible for injuries caused by a defective product?
Depending on the circumstances, liability may fall on the manufacturer, a component parts maker, a distributor, a wholesaler, or the retailer that sold the product. More than one party can share responsibility, particularly when a defect could have been caught at multiple points before the product reached you. An attorney can investigate the supply chain to identify every party who may be liable for your damages.
Contact Our New Port Richey Product Liability Attorneys
Our product liability lawyer in New Port Richey has handled numerous defective product cases. Several of these cases have required depositions and testimony from all corners of the United States. If we agree to take your defective product case, our attorneys will commit to aggressively battling these large companies on your behalf!
If you or a loved one has suffered damages by a defective product, you should call our personal injury lawyer team at McPherson & Thomas, P.A. for a FREE CONSULTATION so that we can discuss the specific facts involved in bringing the claim. We work on a contingency fee basis, meaning you pay nothing unless we win. Feel free to call us at (727) 848-8892.
Eric's true story
Products Liability case
Eric was changing a tail light assembly for his flatbed trailer. That sounds simple enough. However, the after market product used a design that involved tightly wound springs, one of which flew out of the assembly and struck Eric in the eye. That injury resulted in a loss of vision to the eye.
Our firm filed a lawsuit on Eric's behalf and prepared for a long fight. We took the depositions of the engineers involved in the design process, human factors experts, and other individuals associated with the company. By obtaining this sworn testimony, we secured a settlement from the manufacturer just prior to trial.
Frequently Asked Questions
LEGALLY REVIEWED BY
Legal Team at McPherson & Thomas Law Firm
May 11, 2026
✓ Fact Checked
