Defective Products
When we buy products from companies and retailers, we expect to get what we pay for. When a company sells faulty goods, either because they are defectively designed or because they were manufactured incorrectly, they put consumers at risk. Florida law provides for a cause of action against product sellers and manufacturers when items they sell malfunction and cause harm to consumers.
If you or a loved one has been harmed by a defective product, call Mark H. Wright for help investigating and pursuing a claim for damages. Our trial-ready personal injury legal team is prepared to go head-to-head with even the biggest manufacturers and corporations when their dangerously defective products injure our Florida clients.
What Types of Products Give Rise to Defective Product Cases?
Consumer products can be defective as designed, there can be a mistake in the manufacturing process, or a product can have a known danger that the distributor fails to warn the public about. Even if a product poses a risk only when people “misuse” the product, if the improper use is common and foreseeable, the manufacturer or distributor may be liable for harm. Many products contain defects that, when triggered, are extremely dangerous: Vehicles can break down in the middle of fast-moving traffic, home appliances can cause fires or explode, manufacturing equipment can malfunction and catch a person’s hand, arm, or eye.
Some of the more common products that give rise to products liability claims include the following:
- Automobile, truck, boat or motorcycle parts
- Washing machines and other home appliances
- Toys
- Factory equipment such as manufacturing tools, buzz saws, scaffolding, or cranes
- Consumer tools such as nail guns, lawnmowers, and electric drills
- Ladders
Not every defective product case comes from a fall, explosion, or other high-impact event. Defective product claims often arise when a product that people consume or expose themselves to has a latent danger that is either undisclosed to consumers, inadequately warned about on the label, or is unknown even to the manufacturer until illness or injury occurs. Products liability claims may come from such consumer items as:
- Medications
- Contaminated food products
- Medical devices
- Grooming products
- Self-care products such as baby powder and talcum powder
For example, there have been several class-action lawsuits against Johnson & Johnson, alleging that their talcum powder products cause cancer. Medications often have side effects that are not properly disclosed on the labels. Improperly handled food products may be exposed to E. coli or salmonella. Any of these dangers can give rise to a products liability claim.
Types of Products Liability Claims
There are a few different types of products liability claims. The appropriate type of claim depends on the type of product involved, the circumstances of the injury that occurred, the actions of the manufacturer or distributor, and the behavior of the consumer at the time of the injury. Products liability claims may arise based on:
- Manufacturing defect. The product may have been appropriately designed, but there was an error at some point in the manufacturing process that caused the specific item to be faulty.
- Design defect. The product, as designed, created an unreasonable risk of dangerous results. Design defect cases can be tricky, as they may turn on whether it would have been economically feasible to design a product differently, and whether the manufacturer could or should have known of the danger.
- Failure to warn. The product has a known danger, such as a medication with a side effect, and the manufacturer failed to inform the public about the threat.
- Warning labels. In addition to failure to warn generally, there are specific rules regarding warning consumers about the known dangers of a product. If a product fails to adhere to those rules, including the form, content, and placement of the warning, the product may give rise to a products liability claim.
Call an Effective and Dedicated Attorney for Help
If you or a loved one has been injured by a defective product in the Tampa Bay area, you might have the right to monetary compensation. A Florida product defect attorney at Mark H. Wright, PLLC, is available to hear your case. Our legal team is focused on giving personalized, tailored, and compassionate service to our injured clients. If you were hurt by a defective product in Tampa, St. Petersburg, Clearwater, Plant City, or anywhere in the Tampa Bay area, call us today for a free consultation.
