Defective Product Attorney | Diamond & Diamond

Miami law requires manufacturers and brands to meet the buyer’s reasonable expectations, which means that they must be fit for the ordinary purposes for which they are used. To further explain, the product should be useful and functional, free of any manufacturing defect, and the manufacturer must also warn the buyer of the possible dangers of the product.

If any of the conditions are not met, then the buyer can bring a case for product liability, which essentially protects the buyer from hidden defects. It’s important to note that this protection isn’t provided to punish the manufacturer; rather, it’s to encourage compliance and set precedence for future similar cases. 

The agreement between the seller and the buyer is a voluntary contract and, therefore, the seller is bound to deliver the product for which the buyer has paid. If, however, the seller delivers a product that doesn’t meet the standard that was promised by him, then that’s a breach of the seller’s contractual obligations, for which the aggrieved party (the buyer) is entitled to receive damages.             

Dangerous and Defective Products in Miami

There are three kinds of defective products. The first is when the seller manufactures and delivers a faulty product. Next, when the seller fails to design a safe and non-faulty product, and last, when the seller is unable to apprise the buyer of the dangers of the product. If any of the said failures on the seller’s part injures the buyer, the former will have to pay damages. 

A classic example is the case of a well-known cellphone manufacturer that did a massive recall of their products. To recap, the manufacturer designed a smartphone that they later found to contain a defective battery, which they may or may not have been aware of during the launch of the product.

As a result, after their product was launched, they were bombarded with complaints that led to product recalls. Some customers claimed to get burned when the batteries overheated and exploded. Eventually, at the time of the recall, their products had already injured countless customers.  

In this case, you could say that the defective product caused a personal injury. 

To succeed in a defective product case, the injured party must prove the following: 

  • That the product purchased was dangerous and defective; 
  • That the said defect caused the injury even when it was used accordingly; and 
  • The buyer did not alter the defective product in any substantial manner. 

If you knew about the defect before you bought the product, the court may decrease or limit the damages you receive. The same is true if you ignored the safety warnings or mishandled the product. Moreover, if you begin your proceedings after the lapse of time as stipulated in the statute of limitations, then the court may deny your claim altogether.

Note, however, that it’s not only the manufacturer that could be liable for damages. Therefore, other than the manufacturer, the aggrieved party may also recover damages from the following persons: 

  • The person responsible for installing or assembling the product; 
  • Component parts manufacturer; 
  • Wholesalers; or 
  • Retailers. 

Whether you’re the manufacturer, assembler, component manufacturer, wholesaler, retailer, or customer, you need legal representation when you’re involved in a case involving defective products. In that case, seek the help of a defective products attorney at Diamond and Diamond Law

Common Causes of Product Liability Lawsuit Cases

While product liability generally arises from negligence, attorneys also rely on theories of breach of warranty and strict liability as well. Here are the most common causes of product liability. 

Defective Design 

If a person gets burned because he was able to open a pressure cooker without depressurizing it first, then even though he did everything according to the manufacturer’s instructions, this is a case of a defective product design.

Hidden Defect 

A classic example of a hidden car is a lemon car (or as it’s known in Florida, the Lemon Law). At face value, the car looks perfect and functional. However, while driving it home, you inadvertently hit a pedestrian because of the car’s faulty brakes. Or, remember the cellphone battery that we discussed earlier, which inexplicably exploded, that’s another example of a hidden defect.

Inadequate Safety Warnings 

An excellent example of this case is when a toy manufacturer fails to warn consumers that its toys contain lead and cadmium.  As a result, kids who play with the toys could develop kidney, heart, and liver diseases. Here, the aggrieved party can sue the manufacturer for knowingly selling hazardous products. 


While product malfunctions are rare, they nevertheless happen. Imagine that a pool’s heater malfunctioned, which emitted lethal amounts of carbon monoxide and this resulted in a swimmer’s death. For this, the deceased’s estate can recover damages for wrongful death.

This is not an exhaustive list of all the injuries that could arise from a defective product. Injuries, for example, can also be work-related, such as when one is injured because of a faulty machine. In any of these cases, you need the help of a product liability attorney to protect and fight for your rights.

What Happens If I Am Hurt by a Defective Product?

If you’re hurt because of a defective product, the manufacturer, reseller, and/or the distributor can be held liable. You can receive compensation through an out-of-court settlement or by formally filing a lawsuit. 

Fortunately, Florida is a strict liability state, which means that you don’t need to prove that the manufacturer did anything wrong. That is to say, so long as you can demonstrate that the defective product caused your injury, the manufacturer will be held liable.  

What Kind of Compensation Can I Recover in a Defective Product Case?

When a product harms you, you should get full compensation for all the losses you have incurred because of the injury. Compensation should include financial and non-financial losses and should cover the following:

  • Medical bills
  • Expenses incurred for treatment 
  • Emotional distress
  • Pain and suffering

The estate of the deceased can file a claim for wrongful death and seek compensation as well. Additionally, if there are many plaintiffs that have been harmed by the same defective product, they can consolidate their claims into multidistrict litigation (MDL).

Note, however, that when you subsume your case in an MDL, you might lose control over it. This is why it’s best to work with a defective product attorney to help you get on top of your case. 

Defective Product Claims 


This refers to the failure of the manufacturer to observe the reasonable care required in the situation. For example, if they fail to ensure that their product is safe and free of foreseeable defects, then those who suffered injuries can claim damages.

Strict Liability

This is a presumption in law that holds the manufacturer liable for any defective product, which causes an injury. Because of this principle, the buyer is no longer required to show that the manufacturer was careless in making the product.

Breach of Warranty

This is the failure of the manufacturer to deliver a product that is consistent with the quality and standard that was promised by the manufacturer. 


Schedule a consultation with an expert attorney from Diamond & Diamond to establish a case for product liability not the result of user error.


Pro Tip

“Collect as much evidence as possible to help you prove your product liability claim.”

– Diamond & Diamond Miami

Defective Product Attorneys in Miami

It is never pleasant for anyone to suffer an injury from a defective product. Buying something should be an enjoyable and safe experience, and getting hurt should be the least of your concerns. 

Unfortunately, accidents happen when you least expect them. But, you are not without recourse in case you get injured because of a product that malfunctioned. You can always consult and get legal help from the attorneys at Diamond and Diamond Law

They have been representing clients in product liability lawsuit cases for a long time. The number of clients they successfully helped is more than enough reason to work with them.

Defective Product Attorneys in Miami

Any individual who suffers an injury because of a defective product can file an action to recover damages against the manufacturer, the person responsible for installing or assembling the product, parts manufacturer,  wholesaler, or retailer.

Generally, there are three types of product defects — design, manufacturing, and marketing. Design defects are those that have arisen primarily because of poorly designed or improperly tested products.


Manufacturing defects are those that have caused the product to become unsafe because of the process of making the product.


Marketing defects arise when the manufacturer fails to apprise the buyer of the necessary precautions they should take when using the product.

First and foremost, you need to calmly evaluate the defect. Is your product expectation reasonable? Before you make an official complaint, inspect the product. Look at the manual and see if you understand how it works. After a thorough check, if you see that the product is defective, get in touch with the manufacturer immediately. 


If the company refuses to take responsibility for the injuries you have sustained, that’s the time you consider taking legal steps.