What Are Product Defects?
Product defects are a significant concern for manufacturers, consumers, and retailers. When a product is defective, it has some flaw or problem that makes it unreasonably dangerous to use. Faulty products are harmful and pose great danger to unsuspecting consumers as they can cause various types of injuries, including soft tissue injuries, traumatic brain injuries, broken bones, or even death.
As a consumer, you have a right to buy safe products and should be able to trust that the manufacturer prioritized your safety while making the product. Sadly, many companies care more about profit than consumer safety and protection. If you or your loved one suffered harm from a defective product, consult skilled personal injury attorneys in Florida.
Depending on who is liable for your injuries, they can evaluate your case and advise if you can start a product liability lawsuit against the negligent manufacturer, designer, distributor, importer, or seller. You may be able to recover compensation for the damages.
What Type of Product Liability Legal Claim Can I File?
Product liability attorneys in Florida can evaluate your case and advise on the type of product liability claim to file based on the defect and injuries sustained. Some claims fall under strict liability laws, while others may be filed under the theory of negligence.
If you file a claim under the theory of negligence, you must prove that the liable party’s actions were the direct cause of your injuries. Negligence can occur at different stages of product development and include:
Not adequately reviewing product plans
Not thoroughly testing the product before release
Not performing adequate maintenance procedures for the products and their parts
A claim filed under strict liability requires you to prove the product was defective. Experienced Florida product liability lawyers can help you prove the following types of product defects to strengthen your case:
Not adequately reviewing product plans
Not thoroughly testing the product before release
Not performing adequate maintenance procedures for the products and their parts
A claim filed under strict liability requires you to prove the product was defective. Experienced Florida product liability lawyers can help you prove the following types of product defects to strengthen your case.
Design Defects
According to Florida Statute 768.81, design defects imply a product is dangerous based on its design, not an error made during manufacture. Products with design defects can cause significant harm and injury, with examples being the following:
A car that is top-heavy and, therefore, causes a rollover accident
Products intended for children that contain choking hazards
Unstable structures such as chairs or tables that collapse
Products prone to melting
Protective products like helmets that crack or break from small impact
Mechanical defects, such as brake failure, on cars and trucks
Filing a Defective Design Product Liability Claim
For your product liability claim based on design defects to be successful, you must prove the following:
The defendant's relationship to the product in question
The product's defect and its unreasonably dangerous condition
The existence of a causal connection between the defect and your injuries or damages
These elements can be complex to prove, so ensure you retain the expertise of knowledgeable product liability attorneys in Florida to help you prove your case. The court may require you to show that the defect existed during the accident and that the product was in your possession.
Manufacturing Defects
Manufacturing defects are common causes of product liability claims. Such lawsuits allege that the product's initial design is safe, but something changed during the manufacturing process, making the product unsafe. The defect exists if the product fails to conform to its intended design and doesn't perform as it should have had the original design been maintained.
For example, the design of a set of car tires is such that the tire should support the vehicle's weight, hold up against wear and tear, and resist punctures. Given the accepted standards, the tires are safe for use. However, if these qualities are compromised during manufacturing, you could file a lawsuit based on a manufacturing defect.
Filing a Product Liability Claim Based on a Manufacturing Defect
Manufacturers must provide adequate instructions on using a product to protect consumers from injuries. The standard counts as reasonable instructions, unique to each product, based on its complexity. Consumers have a right to know if an item is dangerous, and the manufacturer must reveal the risk the product poses if it isn't apparent.
If you get hurt because a product lacks sufficient warning or instructions, skilled personal injury lawyers could help you hold the manufacturer liable for the resulting damages. Examples of marketing defects are:
Incorrect user instructions
False claims
Improper warning labels or failure to warn
Advertisements that encourage improper use
Failure to warn is common with prescription medications, where pharmaceutical companies fail to disclose a medication's adverse side effects. If you're a victim of a marketing defect, let product liability lawyers in Florida help you file a strict liability lawsuit to recover damages.
A Skilled Personal Injury Lawyer Helping File a Product Liability Claim
Product defects can cause severe injuries. In extreme cases, they can cause wrongful death. If you sustained injuries or lost a loved one due to a defective product, reach out to a personal injury law firm in Florida to seek justice. The attorneys can help you file a compensation claim depending on the type of defect that led to the damages.
The Dellutri Law Firm has provided legal counsel and representation to personal injury victims for many years. Our lawyers have the expertise to help you navigate complex personal injury laws, with the most favorable outcome being our priority. Call us at 800-391-4337 to schedule a complimentary strategy session.