Product liability refers to those who make products available to the public, and their responsibility for any injuries those products cause. This group includes manufacturers, distributors, suppliers, retailers, and others. The resulting claims, whether stated as negligence, strict liability, or breach of warranty, typically arise from either a manufacturing defect, a design defect or a failure to warn consumers about the dangers associated with a product.
- Examples of defective product cases include:
- Motor Vehicle Defects such as defective tires and unsafe SUVs (prone to SUV rollover)
- Defective Workplace Machinery including punch presses, nail guns, and other manufacturing or construction equipment
- Dangerous Pharmaceuticals
- Medical Devices such as heart monitors and surgical screws
- Defective Boats, Airplanes, Motorcycles, and ATVs
- Tainted foods or medications
There is a difference between defectively manufactured and defectively designed products. In the first instance - a defectively manufactured product - something happened in the manufacturing process to affect a limited number or perhaps just one product, such as a bicycle with loose handlebars. Defective design means there is something inherently wrong with the way the product is designed, negatively affecting an entire line of products. An example of defective design might be an all-terrain vehicle with a center of gravity that is too high, making it vulnerable to rollover accidents. In both types of cases, you must be able to prove that the injury was directly caused by the product's defective manufacturing or design. Hiring an attorney who understands these differences will help you present your case accurately.
Product recalls are on the rise. In 2011, there were more than 2,500 product recalls, a 14 percent increase compared to the previous year. Recalls come about either because of consumer complaints or because a manufacturer suspects a defect and proactively implements a product recall. For a complete list of product recalls, visit the Consumer Product Safety Commission or the Food and Drug Association websites.
While product recalls exist to protect consumers, sometimes they come too late. Because manufacturers have so much at stake in the marketing and sale of their products, they will mount a vigorous defense using what may seem like unlimited resources to do so. Therefore, we believe it is important that a person injured by a defective product hire lawyers who are experienced, aggressive and have the resources to investigate and litigate such injury claims.
Our lawyers have litigated a wide range of products liability cases in both Florida and Federal Courts. These cases, involving matters such automobile seat back and seat belt design, medical devices, liquid propane (LP Gas) regulators, food products and product packaging, have provided the lawyers in our Jacksonville and Tallahassee offices the experience and knowledge needed to successfully prosecute these complex cases.
If you or someone close to you has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the product. We offer free consultations and do not charge a fee for our services unless your case is won.