Florida Products Liability Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
78 legal questions have been posted about products liability by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include food products liability, automotive products liability, and drug and medical device litigation. All topics and other states can be accessed in the dropdowns below.
Florida Products Liability Questions & Legal Answers - Page 1
Do you have any Florida Products Liability questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 78 previously answered Florida Products Liability questions.

Recent Legal Answers

Contaminated water bottles

Answered 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
None on those facts. Claim is too ambiguous to have meaning. You will have to establish that the items were specifically tainted and by what before one can actual examine a legal action of any type. 
None on those facts. Claim is too ambiguous to have meaning. You will have to establish that the items were specifically tainted and by what before... Read More
Contact the local health department and make a complaint. Absent some level of legitimate documented injury with physicians, this just results in a refund, based on the information provided. 
Contact the local health department and make a complaint. Absent some level of legitimate documented injury with physicians, this just results in a... Read More
You would have a case if you have real injuries. If this is just a burn that did not require any medical intervention or surgical intervention, then it would be very difficult for a lawyer to accept your case for representation.
You would have a case if you have real injuries. If this is just a burn that did not require any medical intervention or surgical intervention, then... Read More
No real case here, beyond possibly a refund, of the sandwich price. The exception would be some documented infection from something Salmonella and significant hospital or medical care and expenses. If you get medical records showing such circumstances you need to address that with a personal injury lawyer. That said DO NOT go to a medical provider to "work up a case" unless you have health insurance or some other means to pay for all of those bills you incur. If you need to seek medical attention because you are seriously ill, bu all means seek out the care you need. Howver, just because you claim you ate raw chicken to 7-11 management does not mean that they will pay you any money nor accept liability to pay medical bills etc. and you don't want to get stuck with a bunch of medical bills unnecessarily. ... Read More
No real case here, beyond possibly a refund, of the sandwich price. The exception would be some documented infection from something Salmonella and... Read More

What are my rights? Or what is the right thing to do

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that the worm was not a part of the food product. By example, if you order fish there are commonly various worms in fish flesh, and while most cook away or are cut out, wild caught fish, like grouper and snapper still have them, and as such would not be as problematic as opposed to finding a worm in food where one would not expect to find one such as iced cream. You indicate that they discounted the check, leaving the issue to be "what is it you are expecting or wanting from them at this point?" Are there medical bills you incurred, mental health issues hat have been caused or effected? Was the company response inadequate? If you have specific issues, such as these, you will need to address this by hiring a lawyer to review the issues and provide you specific guidance on any rights or entitlements you may have. That said, if this was some indication of overall sanitation issues, such as the worm actually being something more insidious like a maggot, you might want to consider contating the local health department and making a claim. ... Read More
Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that... Read More

Can I sue a restaurant for a burn

Answered a year and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to seek medical care immediately and contact a personal injury lawyer to determine whether your injuries warrant a legal claim vs a customer service issue. 
You will need to seek medical care immediately and contact a personal injury lawyer to determine whether your injuries warrant a legal claim vs a... Read More

Is it worth trying to sue this big company?

Answered a year and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no way to answer a quesiton about any  law suit "being worth it." This is a purely subjective determination. That said, you would have to have direct evidence that (a) the mattress in fact has fiberglass components and (b) that it has somehow contaminated your entire house by ordinary use and (c) that there is some negative health issue specifically attributable to that circumstance. You will likely need to retain a forensic expert to test your home and the mattress to show that it is shedding fiberglass and why. The common fight on such issues surrounds improper removal or washing of mattress covers. That said, if there is a fiberglass issue with the product, you shoudl certainly make a claim with the manufacturer to see if they will replace the mattresses with some that don't have fiberglass or allow you to return them for a refund. With the proper documentation, some manufactuers will reimburse loss of furntiture or clothes, etc.... Read More
There is no way to answer a quesiton about any  law suit "being worth it." This is a purely subjective determination. That said, you would have... Read More
This needs to be addressed with the COA lawyer if there is some issue regarding ADA compliance in a common area. Typically common areas are considered public spaces because of invitees or subject to ADA issues for disabled residents. 
This needs to be addressed with the COA lawyer if there is some issue regarding ADA compliance in a common area. Typically common areas are... Read More

Can I sue if a roach was in my food I was eating

Answered a year and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be appropriate, depending on the details. If this was claimed to be found with take out, you can try to make a claim, but in many instances they are sumarily denied unless you can prove the roach came from there. You can always call the health department and if thier inspection reveals roach issues, that might help your claim. ... Read More
If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be... Read More
You will have to find an oncologist that supports a CPAP machine causing cancer before any discussion further on the issue. 
You will have to find an oncologist that supports a CPAP machine causing cancer before any discussion further on the issue. 

Need to cancel contract with due to illness

Answered a year and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your medical condition preventing you from getting implants is not YOUR determination to make, but rather that of the dentist and your treating physicians otherwise. If you signed a contract, y ou are bound by the terms of the contract, unless there is some legal reason that dictates otherwise. ... Read More
Your medical condition preventing you from getting implants is not YOUR determination to make, but rather that of the dentist and your treating... Read More
Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without documentation is of little consequence. If you want to know what the substance is, you can retain a forensic testing company at your expense to test the item, though it may cost you several thousand dollars to secure an expert answer. ... Read More
Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without... Read More

Dr. peter Taylor cardiologist

Answered a year and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what the question is  - but if it involves claims of medical malpractice you would need to retain a med-mal lawyer ASAP. Bear in mind that there is a 2 year time frame in which to sue for such cases and very stricy requirements to establish such claims. 
Not sure what the question is  - but if it involves claims of medical malpractice you would need to retain a med-mal lawyer ASAP. Bear in mind... Read More
YOu will need to retain a lawyer to address what is called a "bailment" case. If you refused to pay - there may also be an issue where it was sold via a mechanics lien which does not require your approval nor signature. 
YOu will need to retain a lawyer to address what is called a "bailment" case. If you refused to pay - there may also be an issue where it was sold... Read More

Can my landlord force me to move due to mold?

Answered 2 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will have to retain a lawyer to review your lease to determine "your rights." The problem is if there is a mold issue, and you refuse to move, you will not be able to later complain to the LL about health issues or your later decision to move out. Termination of the tenancy is likely the remedy here under Fla. Stat. 83.56 regardless and if there is a mold/water leak issue, you would be wise ot move out ASAP.... Read More
You will have to retain a lawyer to review your lease to determine "your rights." The problem is if there is a mold issue, and you refuse to move,... Read More

Can I get a settlement

Answered 2 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you can prove to the manufacturer or seller that its true you can try. That said, they will likely reject such a claim for a variety of reasons absent an entymologist proving its a "roach egg" and how it would be in the bread you bought. 
If you can prove to the manufacturer or seller that its true you can try. That said, they will likely reject such a claim for a variety of reasons... Read More

Found Machinery in a Chip Bag

Answered 2 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Disgusted by a peice of plastic? Unless there is substantial medical documentation to back that up, that simply won't get far regardless of a lawyers involvement. If thats the extent of the claim, no coherent lawyer will take such a case, so you likely best served to notify the manufactuer and allow them to examine the plastic and see what resolution they propose. Usually it will be some form of credit or discount on future purchases, a refund and maybe some nominal amount for your troubles. ... Read More
Disgusted by a peice of plastic? Unless there is substantial medical documentation to back that up, that simply won't get far regardless of a lawyers... Read More
  I changed your category to Product Liability. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.  Best, Loren L. Gold, Esq.... Read More
  I changed your category to Product Liability. However, if you are interested in consulting with one of us, you will have to reach out, as... Read More
Why would you think they did something wrong if you admit that you never had such a reaction in the past? That stated, NO, there is nothing in the facts presented that supports such an accusation or claim. 
Why would you think they did something wrong if you admit that you never had such a reaction in the past? That stated, NO, there is nothing in the... Read More
Thats what "no refund" means. not sure where the confusion lies. If you left the items at the store, you are likely out the items along with the money if they habve them. Many stores have such policies to keep people from abusing local retailers for free fleamarket and website inventory. You would be wise to retrieve your purchased items before they are lost or tossed if they still have them. ... Read More
Thats what "no refund" means. not sure where the confusion lies. If you left the items at the store, you are likely out the items along with the... Read More

Food packaging says lamb but it is not lamb

Answered 3 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This goes nowhere unless or until you have a written lab test showing what you claim. If you have that, then you might have a solid adultrated food or deceptive trade practice issue, especially if the food was marketed as kosher or haalal. 
This goes nowhere unless or until you have a written lab test showing what you claim. If you have that, then you might have a solid adultrated food... Read More

Do I have a case

Answered 3 years and 3 months ago by attorney Stephen Arnold Black   |   2 Answers
You should take photographs of your injury, and treat with a physician so that your file can be documented. Depending on the severity the injuries, you may have a case.      
You should take photographs of your injury, and treat with a physician so that your file can be documented. Depending on the severity the injuries,... Read More

Can I sue mentor the maker of my implants

Answered 3 years and 6 months ago by attorney Loren L. Gold   |   1 Answer
Hello Belinda, I'm sorry to hear about this.  More information is needed to determine if you may have a viable Product Liability claim. These cases take time, so you should seek consultation asap. We all give free initial consultations for representation on contingency. Best, Loren L. Gold, Esq.... Read More
Hello Belinda, I'm sorry to hear about this.  More information is needed to determine if you may have a viable Product Liability claim. These... Read More
If you have been exposed to the chemicals for more than two years.....why is this an issue now? You will likely need to hire a commerical tenant lawyer and address this with the LL directly. This should have been resolved two years ago. 
If you have been exposed to the chemicals for more than two years.....why is this an issue now? You will likely need to hire a commerical tenant... Read More

Do I gave a case against burger king

Answered 3 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can't make a claim and then dictate what they review regatrding your medical history. As a general rule they will assume that there is something you dont want them to see and simply decline the claim. You will need to pick one or the other. Privacy or a injury claim. 
You can't make a claim and then dictate what they review regatrding your medical history. As a general rule they will assume that there is something... Read More