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What is a Defective Product Liability Claim?

Oct 27, 2017 | By , on Personal Injury.

Under Florida law, a product liability claim ranges from defective manufacturing to a failure to provide warning or instructions with a product that causes harm to a consumer.  When a consumer is injured or suffers some type of damage as a result of buying or using a product, the individual may have a defective product liability claim.

  • Defective Manufacturing: A product that is defectively manufactured can cause serious injuries, some of which are fatal.  A Miami resident may have a claim for a defective product where a manufacturing error caused the product to be different than the others that were made at the same factory, such as a defect in a laptop computer or automobile. 
  • Design Defect:  Unlike a manufacturer defect where only one product contains the error, when a product has a design defect, the entire line is defective and potentially life threatening.  An example of a design defect involves Takata airbags that have exploded, killing dozens of people in the United States and abroad.  To be successful with this type of defective product liability claim, it is necessary to demonstrate that the consumer was injured because of the defective design. 
  • Inadequate Warnings: The failure to include appropriate instructions or warnings with a product can also result in injury or death.  If a product is dangerous in some way that is not obvious to the consumer, they may have a basis for seeking compensation for their injuries and damages.  Both retailers and manufacturers have a duty under Florida law to provide sufficient warnings to consumers, including: 
    • Pictures: With some products, a picture representation of the danger is appropriate, such as a small inflatable pool that conveys “no diving” in the form of a picture on the side.
    • Wording: In many instances, a single word such as “caution” or “danger” may be sufficient to alert a consumer to the possible hazard associated with a product.  
    • Descriptions: Many products contain a description of how the product can or cannot be safely used.  An example is a container of flammable liquid that states that proper ventilation must be used or that the source of any possible ignition must be avoided.  Failure to properly warn of all foreseeable dangers can result in a defective product liability claim by anyone who uses the product and sustains an injury or other damages.

Contact the Miami Product Liability Lawyers at Brais Law Firm

The area of product liability law can be very complicated, even for experienced lawyers.  If you purchased or used a product and you suffered an injury such as a burn, broken bone or eye injury, it is important to speak to a skilled product liability lawyer to confirm if the manufacturer, distributor, or retailer are required to compensate you for your damages under Florida law. Contact Brais Law Firm as soon as possible.

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