Buyers make a lot of daily purchases, from products and services used to food consumed. Each transaction can start a product liability lawsuit against one or more people in the manufacturing chain. If the product you purchased doesn’t have safety warnings or doesn’t work correctly, it can result in serious injuries or even death.
Defective products can put you in harm. If this happens, you can file lawsuits or claims against the product manufacturer(s) who created safety warnings, manufactured, and designed the product. You could also file a liability lawsuit against the seller or distributor.
Product liability is the legal responsibility imposed on a business for manufacturing or selling defective products. It’s a means society enforces consumer protection – the idea that customers shouldn’t get injured by the products they buy. If a faulty item injures a customer, they can file a personal injury lawsuit with the help of a product liability attorney.
Product liability law also provides the victims of defective items with legal recourse for their injuries. Manufacturers should meet the ordinary expectations of a customer. Any faulty or hazardous product doesn’t meet their expectations. Different parties can be held legally responsible for injuries that stemmed from defective products.
Using an item daily will not put you in danger. Unfortunately, you’re often subject to defective products. Injuries due to these products can be catastrophic. If you get hurt by a defective product, you can use the theory of strict liability to recover damages from the retailer, distributor, manufacturer, or designer.
But that only applies if the product was defective and hazardous. Below are the different types of faulty products. Talk to a product liability attorney in Miami for more details.
Design defects are a problem in the design of the product. It can occur before the manufacturing process can even start. Even if they manufacture a product according to the specifications of the design, you can still call it a defective one if it has a flawed design. Design defects affect the entire product line instead of a single batch or unit.
One typical example of design defects is a sport utility vehicle (SUV) prone to rolling due to a high center of gravity. Other examples may also include:
Manufacturing defects happen when products are being manufactured and assembled at the factory. Often, a product’s design may be perfect, but if the manufacturing increases the risks of injuries, there’s a manufacturing defect.
Unlike design defects, manufacturing defects only affect specific batches or units of a product instead of the entire line. That’s because manufacturing defects involve errors that occur during the production process. One typical example includes a mistake in the production process that leads to a product missing a critical component that allows them to work efficiently.
It may also include a batch of medicines that become contaminated during production when pieces of metal from the machinery get into the bottles before sealing them.
Marketing defects may occur if there’s a problem with how a seller promotes their products to a customer. Faults occur when a retailer or distributor claims that you can use their items for a job it’s not suited for. Failure to include safety instructions or warnings, including for use or assembly, can also be marketing defects.
For example, a cleaning product may be dangerous to bare skin. If you can’t find warnings about its corrosive nature and instructions on using it safely, there may be a marketing defect. Let a product liability law attorney help you with your claim.
Under the Consumer Protection Act, retailers, suppliers, distributors, and manufacturers can be held responsible for injuries, damages, or death caused by their product or item’s parts. But the party held responsible will depend on the specifics of a case.
If it were a design defect, the designers and manufacturers of the product would be held responsible for injuries you incurred. But if it were a manufacturing defect, these parties wouldn’t be responsible. Instead, the product’s manufacturer will be responsible for the injuries since the problem was a production error.
Manufacturers can also be responsible for injuries if the product bears their business’s name, despite whether they were involved in any stages of its sale and production.
Before an item reaches the public, different parties involved in the production process can be held responsible for a defective product. All of these parties are equally liable in a product liability lawsuit. Each party should implicitly or explicitly ensure that the product is ready and safe for use before selling its products to its customers.
If any “safe product” causes bodily injuries or harm, each involved party has let down their end of the deal.
If the product is defective, then the wholesaler is responsible for the injury. But if you can’t find the manufacturer, you should instead file a claim against the retailer, supplier, or distributor. That rule also applies to manufacturers that have gone out of business or are outside the region.
You can also file a claim against the retail store that sold the product. You can file a claim against them if adequate instructions or warnings about the proper use of their product isn’t provided. A seller should warn its user of dangers that aren’t obvious. Without proper warnings, these items can be extremely dangerous.
|Instances to Consult a Product Liability Lawyer|
|Food Poisoning||Food poisoning is one of the most typical causes of product liability claims that involve food products. Defendants may be held responsible if a person gets food poisoning due to a manufacturing defect or inadequate storage. If you have food poisoning due to a retailer’s negligence, a product liability law attorney in Miami can help you gather the needed evidence.|
|Defective Assembly||Defectively manufactured and designed products can result in failures that can trigger accidents where the customer gets injured. Your lawyers can help you prove that a defective component caused your accident.|
|Flammability.||Homeowners should always feel safe in their homes, but defective or flammable products can put them or their family members in danger. If a product is unreasonably dangerous or unsafe, your attorney can help you prove it came with inadequate instructions or warnings for its safe use.|
|Lead Poisoning||Even safe products may have harmful chemicals that can cause illness and disease. Lead and asbestos-containing items have resulted in respiratory conditions and cancers. Your attorney can help you gather the needed proof to support the presence of toxic chemicals in an item.|
|Suspicion of Danger||Not having a warning label is one of the most apparent signs of product liability. While food or produce may not require any warning for proper use, products with potential choking hazards, sharp objects, heavy machinery, or electrical parts are strong proof for a liability lawsuit if they don’t have a safety or warning label.|
Businesses should not release defective products or products with substandard designs, especially if they know their products could be hazardous. Diamond and Diamond Law is here to defend you and help recover your losses if you have been injured by a product in Miami, Florida.
“Look for a product liability attorney that offers a free consultation. You have the chance to discuss your concerns and accident with your potential product liability attorney and he or she will provide you with free legal advice.”
Manufacturers shouldn’t release defective products, especially if they know that the item may injure a person. If someone gets injured by a defective product, product liability attorneys can help you hold all parties involved responsible for injuries.
If you’re looking for a product liability attorney or law firm in Miami, Florida, Diamond and Diamond Law is here to defend you and help you recover your losses, damages, and pain and suffering after your injury.
Diamond and Diamond’s product liability lawyers are experienced and knowledgeable, and they will work hard to ensure your rights are protected. If you would like to speak with one of our product liability attorneys at our Miami law office for a free consultation, call 1-800-567-HURT or contact us online.
Defective products can lead to a wide range of injuries. It may include spinal cord injuries, brain injuries, burn injuries, broken bones, lacerations, or wrongful death. In cases where someone gets injured by a defective product, they can file a product liability lawsuit. Injured victims can still file a claim even if they got injured by a piece of construction equipment, a motor vehicle, a prescription drug, or another product.
If the injured individual can’t represent themselves in a lawsuit, a family member can file a case on their behalf. But certain situations will limit where this is possible or not. Your best bet is to get in touch with an attorney for help.
Defective products are unreasonably harmful items when used for their intended purpose, without any interference or alterations. In short, it’s a product that can put you in danger due to a marketing defect, manufacturing defect, or design defect.