Types of Product Liability

The most common types of defects in consumer products include:

• Design defects. A design defect means that the concept or plan for a product is unsafe, even before the product is manufactured. Design defects can involve flaws in how the product is supposed to function or how it interacts with the environment. For example, a car model that lacks proper safety features or a children’s toy with sharp edges would be considered products that are defective by design.
• Manufacturing defects. These defects occur during the process of making the product, causing the product to be different from its intended design. Manufacturing defects can be the result of human error, improper machinery, or other issues during production. For example, if a batch of toy cars is assembled without secure wheels, they may pose a choking danger to children. If a breakfast cereal factory has a leak of cleaning chemicals that drip into the cereal, this may be a manufacturing defect.
• Marketing defects. Marketing defects occur when a product is not properly labeled or lacks sufficient warnings. For example, over-the-counter medications that fail to list all side effects or possible interactions with other drugs can cause serious health issues for consumers. If a toy’s packaging fails to indicate that the toy is unsafe for children under the age of 12, the manufacturer or the company responsible for the packaging may be held accountable if a young child is injured.

Although less common, sellers can be held liable in a product liability claim if they knowingly sell an unsafe product. For example, if a store continues to knowingly sell an unsafe product after it’s been recalled or modifies the product or packaging in a way that’s dangerous to customers, this can be the basis of a lawsuit if a customer is injured. 

If you’re injured by a hazardous product, product liability lawyers in Hollywood, FL can help you understand how the product became dangerous in the first place. With today’s complicated, global supply chain, you will often need to work with attorneys because a product may be designed in one place, manufactured by another company, packaged by a third party, and involve many other companies as well. Figuring out where in the process a hazard was introduced can be difficult unless you have an experienced attorney helping you.

Determining Liability for Dangerous and Defective Products

If you file a product liability case, you must show that the manufacturer or another responsible party is liable for the harm caused. Determining liability involves showing the following elements:

• The product was defective. You must prove that the product was defective at the time it was sold. This can include presenting evidence of a design flaw, manufacturing defect, or insufficient warning labels.
• The defect caused the injury. You must also show that the defect directly led to your injuries. This often involves expert testimony and may require additional evidence, such as accident reports, medical records, or witness accounts.
• The injury resulted in damages. You must prove that your injury resulted in tangible damages, such as medical expenses, lost wages, emotional distress, or property damage.

Liability for dangerous and defective products is not always straightforward. In some cases, multiple parties may be responsible and your attorney will need to examine every party’s role in the production and distribution chain to determine who should be held liable.

In addition, it’s not unusual for parties to blame each other. The designer may blame the manufacturer for a defect, for example, while the manufacturer may blame the designer. Again, your attorney will help you get answers and will help you pursue the right liable parties.

Product Liability Statute of Limitation

In Florida, the statute of limitations for product liability claims is typically four years from the date of the injury. This means that you must file your claim within four years of being harmed by a defective product. If you wait too long, you will usually lose your right to seek compensation.

It’s important to consult with experienced product liability lawyers in Hollywood, FL as soon as possible if you suspect you have been harmed by a defective product. Delaying your claim could result in a loss of evidence or other complications that make it harder to prove your case.

Even if you’re not sure you have a claim or aren’t sure you want to pursue a claim, contact Flaxman Law Group if you’ve been injured. At least find out what options you have before you make a final decision. Your first consultation is free, so you risk nothing.