Sean M. ClearyOver15 years of experience

The evolution of product

of product liability law

to its current state

Modern daysproduct liability law

Most popularproduct liabilityclaims

Product liabilityexplained

The history behind product liability law

Personal Injury Legal NewsletterIssue 2 03.01.2013

The difference between wrongful death andcriminal homicide

PERSONAL INJURY ATTORNEY

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roduct liability is the area of law in which manufacturers, retailers and basically anyone who makes or labels physical products for the consumer are held responsible for any injuries or emotional distress caused by defective products. There are three major types of liability: manufacturing defect, design defect and marketing defect. Defective products are the cause of many injuries every year in the United States.P

Introduction: What is product liability

Breach of warranty: A warranty is an assurance or statement given by the manufacturer or seller to the buyer involving a product in a commercial transaction. A warranty claim is similar to a strict liability claim because the plaintiff doesn’t have to prove that the seller or manufacturer is guilty of negligence.

The most popular product liability lawsuit must be the one involving Liebeck v. Mcdonald’s Restaurant involving the hot coffee from 1994. In that time the jury awarded 2.86$ million to Stella Liebeck who suffered third degree burns however the trial judge reduced the final verdict to 640.000$ but after that the parties settled for an undisclosed amount. Another highly publicized product liability claim was the one involving Betty Bullock and Phillip Morris where Bullock was diagnosed with cancer in 2001 and filled a suit against Phillip Morris after smoking for 45 years. In this case the jury awarded Bullock 850.000$ in compensatory damages and 13.8$ million in punitive damages which was 16 times the compensatory damages. Another popular product liability claim was the one between Gladys Escola a waitress in a restaurant and CocaCola. She was putting away some glass bottles of CocaCola when one of the bottles exploded in her hand and caused her a five inch cut, which severed the muscles, blood vessels and nerves of the thumb and palm of the hand. Escola was represented at the court by the legendary lawyer Melvin Belli,Belli, back then in the early stage of his career. The jury gave the verdict for the plaintiff, following the doctrine “res ipsa loquitur” which means the fact speaks for itself.

Most popular product liability claims

Most common product liability claims are related to negligence, strict liability or breach of warranty. LiabilityLiability for negligence: a claim in negligence is based on the assumption that harm has been caused by carelessness, negligence and not intentional, however liability is not limited to the manufacturer of the product but to all the parties involved between the manufacturing of the product and the consumer who bought the product. The elements that need to be established in every negligence claim are the following: dutduty, breach, causation and damages. In order to win the case the plaintiff must prove each element. Strict liability: Instead of focusing on the behavior of the manufacturer , in strict liability claims the plaintiff has to prove only that the damage has been done and the defendant is responsible. An example of strict liability: if an animal escapes from the zoo and causes injury to someone, the owner of the zoo is held liable.

the buyer be aware, which meant that the buyer was expected to protect himself against all the defects a product could have visible or hidden and the buyer could not recover any kind of compensation from the manufacturer for the damages caused by these defects. However there was an exception for caveat emptor, when a person would buy drugs, medicine or other chemicals and the buyer would not be an expertexpert and relied on the knowledge and skill of the seller in which case caveat emptor was replaced with caveat vendor. American courts continued to use the caveat vendor rule withsmall exceptions for most of the nineteenth century. Another exception from the rule caveat emptor faced by people seeking compensation for injuries caused by defective products was “privity” which meant that unless you were the immediate buyer of the defective product you had no right to recover any compensation from the manufacturer. All these led to the modern day product liability law.

he roots of product liability law were developed over several centuries. At the beginning the English Courts developed the doctrine “caveat emptor” meaning letT

Modern days product liability law

The history behind product liability law

Around the year 1960 the Courts eliminated the privity requirement in product liability claims

and started allowing remote plaintiffs recover compensatory damages against the manufacturers

of defective products. In the year 1965 the American Law Institute (ALI) adopted rules pertaining

to products liability in the Restatement (Second) of Torts. Since then the law of product liability

has continued to adapt and expand.

The evolution of product liability law to its current stateAround the year 1960 the Courts eliminated the privity requirement in product liability claims

and started allowing remote plaintiffs recover compensatory damages against the manufacturers

of defective products. In the year 1965 the American Law Institute (ALI) adopted rules pertaining

to products liability in the Restatement (Second) of Torts. Since then the law of product liability

has continued to adapt and expand.

The evolution of product liability law to its current state

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19 West Flagler Street #618, Miami, FL 33130

Sean M. Cleary

the title of Juris Doctor. Mr. Cleary obtained his Florida Bar admission the same year and started practicing at a well-known and respected law firm, Stroock & Stroock & Lavan, handling complex commercial litigation cases. In 2005 after leaving one of Florida’s most recognized trial firms, Mr. Cleary founded his solo practice The Law Offices of Sean M. Cleary, P.A. Throughout the years he obtained substantial verdictsverdicts and settlements for his clients. Mr. Cleary has also received multiple awards and nominations acclaiming his skills as a Miami personal injury lawyer. Attorney Sean M. Cleary continues to fight fiercely for the victims of personal injury, medical malpractice, auto accidents and defective products in state of Florida in order for them to receive the just compensation they deserve.

ttorney Sean M. Cleary began his legal career when he enrolled to the University Of Miami School Of Law, which he completed in 1998 with honors receiving A

About Sean M. Cleary

Florida. The sole purpose of the Law Offices of Sean M. Cleary, P.A. is to offer an exceptional legal aid and representation for those who suffered physical or psychological injuries due to careless, reckless and negligent actions of other parties. Our law firm specializes in personal injury, medical malpractice, wrongful death and commercial litigation claims and has never failed to represent our clients andand to achieve the desired result. With our vast experience and knowledge, we are dedicated to protecting the rights and interests of those who have endured pain and suffering. If you or your loved ones have been recently injured and you’re looking for an attorney to represent you or you just seek legal advice, don’t hesitate to contact us.

ounded in 2005 by attorney Sean M. Cleary with an already proven and established reputation as a highly skilled and experience lawyer in the Court Houses of F

About Our Law Firm

seeking legal advice from Mr. Cleary can discuss every matter regarding the often painful personal injuries they have suffered. The Law Offices of Sean M. Cleary, P.A has always offered a free consultation and always will, Mr. Cleary will personally review your case and will provide you legal and professional advice.

ur law office is located conveniently in downtown Miami and while being a solo practice law firm, the office provides a calm environment where thoseO

Located in Miami, FL