About the Production of Safe Products
Manufacturers have a duty to produce safe products by training their workers, maintaining their equipment and inspecting products for defects before putting them on the market. Their failure to abide by their obligations may give rise to a products liability claim.
Brais Law Firm is a strong advocate for Florida consumers. Our Miami product liability lawyers take on big manufacturers that produce dangerously defective products, including medical supplies, drugs, auto parts, children’s toys and household appliances. We are strategic negotiators and aggressive trial attorneys who have won our clients settlements and verdicts equal to $40 million on behalf of our clients from 2012 to 2015, with substantial sums since *. Review our firm’s Results page for more details about our recent successes.
What is a Manufacturing Defect?
A manufacturing defect occurs during the production stage of the product. Under this theory of products liability, the design is typically acceptable. But, the manufacturer unintentionally deviates from the design.
Manufacturers have a duty to impose quality control standards on production to prevent mistakes. For example, the manufacturer of lawn equipment might inspect the product before pulling it offline to ensure the screws and bolts are secure and safety guards are in place. A pharmaceutical manufacturer should regularly inspect the factory for potential contaminants. A toy manufacturer would want to be sure loose parts do not create swallow hazards or that a switch of paint brands does not expose children to lead.
Proving a Manufacturing Defect
Proving a products liability claim is different than other types of personal injury claims because non-employees generally do not have ready access to the manufacturing plant. This makes pinpointing the exact place, time and location where the defect originated difficult.
Discovering the origins of the defect is unlikely even with access. First, the production of the product may have occurred many days, months or even years before the accident, so problems in the plant might have been corrected. In addition, the mistake might be a one-off that affects one item only and could not be easily traced back to the specific moment on the production line when it occurred.
For these reasons, the law assumes the flaw occurred during the manufacturing process under certain circumstances, such as when:
- The design is inherently safe;
- The item differs from the design; and
- The defect did not likely occur after the item left the factory.
A common defense tactic is to blame the vendor, the transport company, the distributor or the consumer. In other words, the defect happened after the item left the defendant’s control and was the fault of the plaintiff or a third party. Our attorneys prepare our arguments to counter these anticipated defense tactics up front.
Damages Caused by Defective Products
Defects can turn an otherwise innocuous product into a dangerous weapon. Numerous types of injuries resulting from product defects include burns, lacerations, suffocation, poisoning, amputations, crush injuries, broken bones, spinal damage, brain damage, eye injuries, eardrum injuries and facial injuries.
Learn About Your Right to Recover Damages
If a defective product injured you, you may have the right to recover damages. Schedule a free consultation with Brais Law Firm to learn more about recovery for products liability. Under our contingency plan, you do not owe us attorneys’ fees until we recover compensation. Our lawyers are easily accessible to you, with a main office in Miami, 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.