Spohrer & Dodd, P.L.
701 West Adams Street
Jacksonville, FL 32204
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Western District of Oklahoma
:Airborne Law Enforcement
American Bar Association
Lawyer Pilots Bar Assn.
Adjunct Law Professor:
Barry E. Newman Board Certified Attorney
Bio News Settlements & Verdicts Understanding
DUI Aviation Premises Boat Auto Pedestrian Government Wrongful Death
A product may be dangerous because of its design, its manufacture, insufficient testing or because it lacks reasonable instructions or warnings.
A manufacturer, distributor and even the seller of a new product that injures someone may be "strictly" liable if proven that the product is defective or unreasonably dangerous and an injured victim does not have to prove the manufacturer was "negligent."
A manufacturer is responsible if someone using its product in a foreseeable manner is injured and proves that it failed to use reasonable efforts to design, manufacture, test and warn about its product.
A product that cannot be made safe, like a firearm, a wood chipper or hair dryer, must contain sufficient warnings advising of the risks associated with the product. In some cases those warnings must be provided to future users through recalls or other types of notice.
The defenses to a product claim are limited only by the imagination of a manufacturer's defense team. Typically, there may be no liability if a product is misused, substantially modified (safety device removed) or used in a manner that could not be reasonably anticipated. In some cases, liability may be cut-off after a certain time. There also may be no liability if a product conforms to a government regulation, standard or design, or if it was designed using the available technology at the time it was made.
Some manufacturers, such as the firearm industry and the federal government's contractors, enjoy special immunities when their product injures someone. The circumstances surrounding an accident may act to waive these immunities.
I have extensive experience litigating defective product, pharmaceutical and medical device claims.
If you have been injured in an accident involving dangerous product, please contact me to discuss your options.
Automobiles & Trucks
Airplane and Airline
Motorcycles, Bicycles & ATVs
Dangerous Drugs &
Unsecured Vicious Animals