Miami Beach, FL asked in Products Liability for Florida

Q: Question about limiting liability for an Ecom product.

We have a product that we would like dropship from a supplier here in the US. The product is a 20ft aluminum flagpole kit. The question is, are we going to be liable for any damages incurred from the use of the product? If so, what would be the best way or ways to protect ourselves? We're located in FL but would like to sell nationwide.

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2 Lawyer Answers
Michael  Mayoral
PREMIUM
Michael Mayoral
Answered
  • Products Liability Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Generally speaking, you need to develop legally adequate warnings labels. What is "legally adequate" depends on what the product is, what is its intended and/or foreseeable use, and who is its intended and/or foreseeable user. In order to develop legally adequate warning labels, you need to work closely with an attorney who will analyze the product and the above-stated factors and draft warning labels for the product.

Linda Liang and Tim Akpinar agree with this answer

1 user found this answer helpful

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: This is a product liability question. Vendors and manufacturers have joint and several liability when it comes to damage caused by the products. That is to say, you, as the supplier, will stay liable for your product after you have shipped them. The only way to avoid product liability is to make sure you fulfill all you duties, i.e, your design, or manufacturing or label meet expectations of average customers. A proper warning can save you a lot of trouble in the future. A consultation with a business lawyer is absolutely needed.

Tim Akpinar agrees with this answer

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