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When you buy a new product, you expect it to be safe for use and for the manufacturer to provide instructions and any applicable warnings for use. Dangerous and defective products can cause severe injury, devastating victims and their families; and sometimes injuries are fatal. Companies who design, build, and sell new products have a legal obligation to make sure their products are safe through testing and quality control processes during manufacturing.
Even when companies follow through, a faulty design, damage during shipping, or modifications made by wholesalers or retailers can lead to a defective product which causes harm to a consumer.According to the Consumer Products Safety Commission (CPSC), millions of people visit emergency rooms across the United States each year as a result of product-related injuries. If you, your child, or another family member has suffered injuries caused by a defective product, Florida law permits you to seek damages in civil court.
Contact the skilled Fort Myers personal injury lawyers at Viles & Beckman in Fort Myers at 239-494-6709 for a free case review and to learn how we can help you after an injury from a defective product.
Advocating for the Injured Since 1995
The product liability attorneys at Viles & Beckman have been committed to helping the injured recover compensation they deserve since 1995. With more than 40 years of experience negotiating, settling, and litigating personal injury cases, including product liability cases, Viles & Beckman’s legal team has recovered millions of dollars of damages for their clients.
We cannot guarantee results in any particular case because each has its own circumstances and defining characteristics; but we can guarantee we will aggressively advocate for you, help you hold negligent companies accountable, and diligently pursue the best outcome for your individual situation.
Expect More, Receive More: Legal Support That Feels Like Family
Commonly Reported Defective Products
The CPSC gathers and analyzes data on defective products and product-related injuries across the United States. It’s impossible to list the thousands of defective products, but you can get an idea of commonly reported defective products by looking at the CPSC product groupings. The following product groupings contain several categories of items which have been reported defective to the CPSC:
- Child nursery equipment
- Toys
- Sports and recreation equipment
- Home communication and entertainment
- Personal use items
- Household containers
- Yard and garden equipment
- Home workshop equipment
- Home maintenance
- General household appliances
- Heating, cooling, and ventilation equipment
- Home furnishings and fixtures
- Home structures and construction materials
- Miscellaneous items such as fireworks, gasoline, and elevators
Large motorized items might also be defective or have defective components. The CPSC tracks things like scooters and mopeds, but they don’t collect data on automobiles, trucks, and boats. Although motor vehicle defects vary widely, defective airbags and defective tires remain commonplace.
Advocating for Those Injured
in Car Crashes Since 1995
(239) 334-3933
What Makes a Product Defective?
On a rudimentary level, you understand a defective product is one which doesn’t work; but, when lawyers and courts talk about defective products they refer to specific legal definitions. Like most other states, Florida recognizes three main types of product defects which can lead to a lawsuit:
Design Defects
occur in the early stages of product development. When designers conceptually work on a new product it seems safe and a great idea to fill a need in the market place, but in fact, the design is unreasonably dangerous. In product liability suits, a product must pass the consumer-expectation test, or it is defective. Courts assess whether a product “performs as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer.” In some situations, Florida courts also use a risk/benefit test to determine a design defect. This test asks whether the risk of danger from a product design is greater than benefits from using the product.
Manufacturing Defects
occur after the design phase of a product, when companies assemble or construct the product. In these cases, the design was safe, but the execution of the design created a defect making the product more dangerous than intended. Manufacturing defects can occur as a result of using cheap materials, the wrong materials, improper construction, poor assembly, and mistakes, such as missing pieces, bad welds, and damaged materials. When products with manufacturing defects end up in the hands of a consumer, it’s often a result of poor quality control at the manufacturing facility.
Information Defects
include a broad range of defects related to marketing and instructions associated with a product. Manufacturers have a legal responsibility to warn consumers about hazardous aspects of their product, and when applicable, they must provide instructions for use. When companies fail to provide instructions, improperly label their products, or do not provide adequate warnings to consumers, their products have an information defect. Specifically, Florida courts find products “unreasonably dangerous, if injury from a product could have been prevented by providing a warning or instructions.
How Were You Injured?
We understand the frustration of dealing with an injury and the financial fallout that comes with expensive medical bills. Losing your ability to work after an injury and being pressured or ignored by the insurance company is something no one should go through.
No matter how you were injured, a Florida personal injury lawyer from Viles & Beckman may be able to help you recover your losses.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
