Products Liability

Dangerous and defective products injure thousands of people in Florida and around the country every year. Government agencies like the federal Consumer Product Safety Commission work to keep dangerous products out of the marketplace, and to recall dangerous or defective products that may have already reached consumers. Unfortunately, however, they cannot prevent all injuries. People who have suffered an injury from a faulty or defective product may be entitled to compensation for damages from the manufacturer, distributor, or retailer of the product. A Florida products liability lawyer can help you identify any responsible party, evaluate your damages, and protect your legal rights.

Products Causing Injury

Every person or business involved in the supply chain of a product, from the product’s initial design until its arrival in the consumer’s hands, has a duty to provide a product that is reasonably safe for its intended use. Any unreasonably dangerous defect that causes an injury, provided that the consumer used the product according to the manufacturer's or supplier’s specifications, could make the manufacturer or supplier liable for any harm or injuries they cause. Product liability claims usually involve a “strict liability” standard. This means that an injured person can recover damages from a manufacturer or supplier without proving actual negligence on the part of the manufacturer or supplier.

Nearly any product sold to the public could have a defect that causes injury, but certain products may be more likely to have dangerous properties or defects posing risks to consumers. These include:

  • Automobiles and auto parts;
  • Motorcycles and recreational vehicles;
  • Medications and medical devices, including prostheses;
  • Electronics and household appliances; and
  • Children’s toys.

Dangerous and defective products can cause a wide range of injuries, including not only personal injuries and illness but also severely disabling injuries and even death.

Types of Product Defects

Three major types of defects frequently lead to claims for damages for products liability: design defects, manufacturing defects, and marketing defects.

Design Defects. This type of defect occurs during the design or formulation of a product, meaning that the defect or danger is an inherent feature of the product. A design defect claim must show that the product is fundamentally flawed, and that no modification to its production or marketing can render it reasonably safe.

Manufacturing Defects. A manufacturing defect occurs during the assembly or production of a product. This presumes that a plaintiff’s injury would not have occurred but for the error during the manufacturing process. It also means that not all units of a product are inherently dangerous or defective, only those that include the manufacturing defect.

Marketing Defects. A marketing defect occurs when a manufacturer or seller of a product promotes dangerous or inappropriate uses for the product, or when a manufacturer or seller fails to warn consumers of a product’s risks or dangers.

The Deerfield Beach injury attorneys at Goldman & Daszkal, P.A. represent people in Palm Beach and Broward County who have been injured by dangerous or defective products. Contact our law firm through this website or call us today at 954-428-9333 for a free and confidential consultation to discuss your case.