Defective products cause thousands of injuries each year. Everything from recalled vehicles to contaminated food products and furniture that too easily topples over are sold to consumers on a regular basis.
If a defective product of any type injures you, then you may have a claim for damages against the manufacturer in addition to the distributor, importer or anyone else in the supply chain that is liable for the injury caused by the defective product. However, before you file a lawsuit, it’s important to understand the three different types of product liability claims and how your accident may fit into those categories.
A lawsuit based on a defective design alleges that the product is inherently dangerous based on its design alone, and not on any error in the manufacturing of the product. In Florida, a product is considered defective because of a design defect if it is in a condition “unreasonably dangerous” to the user or a person in the vicinity of the product and the product is expected to and does reach the user without substantial change affecting that condition. For example, a top-heavy car that poses a definitive risk for rollovers, is an example of design defect that could prompt a product liability claim after an accident.
Manufacturing defects are the most common form of product liability claims. These types of lawsuits allege that the original design of the product was safe, but that there were errors made in the manufacturing of the product, thus making it unsafe. For example, consider a new flat screen television set that is HD ready with mounts to put on your family room all. For all intensive purposes and by accepted standards, the television should turn on and is safe to use. However, during the manufacturing of the television in the factory, electrical circuitry was installed backwards or in a way that will cause shock and fire.
In these types of cases, the plaintiff alleges that the product had an inherent danger to begin with and the manufacturer of the product had a legal duty to warn consumers of the danger, but failed to do so.
If you or someone you care about has been injured or involved in an accident due to a dangerous product across South Florida and Southwest Florida, contact the product liability lawyers and personal injury attorneys at Weinstein & Cohen at 239-793-3331 or 305-374-1011, or visit fairnessforall, for an absolutely free and confidential legal consultation to learn more about your options.