Advocates for Florida Consumers
Before bringing a product to market, manufacturers must conduct due diligence to test the design for flaws that increase risks of injuries. Failure to do so can result in a product with a serious design defect with the potential to injure countless consumers. Sadly, the problem is usually only discovered once numerous injuries or deaths have occurred.
Brais Law Firm advocates for Florida consumers. We hold corporations liable for products designed with dangerous defects. Our firm has recovered six and seven-figure settlements and verdicts in complex products liability claims involving pools, smoke detectors, automobiles, medical devices and many other types of household, recreational, workplace, pharmaceutical and medical products.
Review our firm’s Results page to learn about recent recoveries made by our Miami product liability lawyers, equal to close to $40 million during the past several years*.
What is a Design Defect?
A product defect may arise at any stage, from the point of conception to manufacturing to sale. A problem with the design itself is considered a design defect. This means the manufacturer may have produced the product exactly as specified in the plans, and hence recreated the defect with each new production.
In order to prove liability, you must show the existence of a safer alternative design that is economically feasible and equally practical to the flawed design. You cannot rely on the fact that a better, cost prohibitive design improvement exists, especially one that was created after you bought the product with the less safe original design.
With modern technology, the safety of products is constantly evolving. For example, a car built in the 1980s would not have many of the important features, like air bags, anti-skid brakes and backup sensors that make many of today’s cars safer. Yet, under products liability theory, the owner of a 1980s vehicle cannot hold the automaker responsible for not providing these options that either did not exist or were very expensive at the time. However, the automaker would be liable if a new vehicle contained an airbag that did not meet today’s legal regulations and industry standards.
Proving Design Defect
Our attorneys have the experience and resources to prove liability and damages associated with a defective design. We first prove the manufacturer could have and should have employed a design that was:
- Safer: We often consult with experts whose research conclusively demonstrates the safer results of the superior alternative design.
- Economically feasible: With thorough calculations, we demonstrate that the manufacturer could have produced the alternative design at the same costs or an insignificant price differential.
- Practical: We show that improved safety does not interfere with the consumer’s practical use of the product, often by producing graphics or video animation or giving a physical demonstration.
- Retains the purpose of the product: We then show that the product as originally designed and improved upon serve the identical purpose.
Depending upon the particular facts of your case, we might pursue medical bills, lost earnings, pain, deformity, scarring, disability or wrongful death.
Take Legal Action Against the Designer of a Defective Product
If you were injured by a product, you may have the right to recover damages. Schedule a free consultation with Brais Law Firm to learn more about your rights and options. Under our contingency plan, you do not owe us lawyers’ fees until we recover damages. Our lawyers are easily accessible to injured clients, with an office in Miami and Bar membership in Florida.
*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.