Practice Area

At Florida Personal Injury Firm, lawyers are well versed with the laws that protect consumers against the harm posed by faulty products. When a consumer is harmed by a faulty product or sustains injuries due to defect in the product, multiple parties can be held accountable for releasing such product which they either knew, or should have known posed a threat to the users.

If you have been injured by a defective product, you may be entitled for a compensation. The attorneys in our law firm possess a successful history of litigating faulty product liability cases and recovering appropriate compensation for their clients.

Types of Defects

The three primary categories of product faults under Federal and Florida law include manufacturing defects, design defects and Duty to Warn.

Manufacturing defects are generally caused due to an error in the assembly of the product, and these are not intended to be a part of the product. This kind of defect is typically found in very small percentage of the manufactured products. On the basis of theory of “Strict Liability”, the manufacturer is responsible for any sort of manufacturing defect which occurs due to faulty manufacturing or assembly, regardless of the fact that they took  immense care during the manufacturing process.

A design defect is a visible flaw in the original blueprint of a product which makes it unreasonably dangerous and poses a threat for the potential users. This kind of defect is typically found in all sorts of manufactured products. The prominent questions which may be asked, to determine the existence of a design defect include:

• Could the manufacturer have used a better design which would not have altered the purpose of the product and was economically feasible as well?
• Was it possible to anticipate that the design of the product could harm its potential user?
• Was the design of the product unjustly dangerous prior to production?

Duty to Warn is fundamentally an extra obligation placed on the product manufacturer. Such cases frequently arise with products like food items, dietary supplement, cigarettes, prescription drugs and many such goods which are sold with no proper warnings. The manufacturer of the product that fails to warn its users about the dangers  is considered accountable even if their products does not contain any manufacturing or design defect. Additionally, a warning will rarely protect the manufacturer from liability for a design or manufacturing defect.

In the case of Duty to Warn defect, even if the given warning complies with the United States FDA (Food and Drug Administration), the jury has the right to determine that the warning was inadequate, and the defendant should be found accountable for the damage.

In all cases of defects, the plaintiff is required to prove that this defect, which is allegedly, responsible for the injury was present in the product at the time of its departure from the factory where it was produced.

You can contact us through our website https://shirlawgroup.com/ or at (954) 278-8889  to receive a free consultation on your case.