Defective products cases arise when someone (or a group of people) have been injured due to a defective or hazardous product. This defect can stem from a few different factors, namely the manufacturing process, the design, or a lack of warning.
Manufacturers and sellers of goods may be held responsible for injuries and wrongful deaths caused by dangerous or defective products, even if there is a product recall or the danger was unknown.
Were you injured by a dangerous or defective product? At the law firm of Panter, Panter & Sampedro, we can help you pursue compensation for your injuries through a product liability claim. Call 305-662-6178 for a FREE consultation.
What Is Product Liability?
Fundamentally, product liability is when you hold a manufacturer or seller liable for placing a defective or harmful product into the hands of a consumer. It is of note here that even if you don’t own the harmful product, you can still sue if someone lent or gave the hazardous product to you. Anyone in the chain of manufacturing could get sued. This includes:
- The manufacturer of the components
- The assembling manufacturer
- The wholesaler
- The retail store owner
While we tend to think of products as something tangible, the law allows for product liability cases to progress if they include gases, pets, real estate, navigational charts, and more.
What Is Product Liability Negligence?
This is when a supplier sells a product with inaccurate labeling, or design defects. Manufacturers can be sued when they fail to exhibit ordinary care. This means that they were not as mindful as they should have been, and as a result of their oversight someone was hurt. There are three different types of product liability negligence:
- Design defects
- Manufacturing defects
- Marketing defects
Design defects are when the product is dangerous before it was even manufactured, which is to say that it is unreasonably dangerous due to a design flaw. Manufacturing defects occur during the production of the item. A marketing defect is when there is improper labeling, incorrect instructions, or when the safety warnings are not visible enough. This is not meant to be a complete explanation of the elements of negligence, but it is a good starting point.
What Is A Product Liability Tort?
A tort is a civil wrong. That means that someone harmed you, and you are seeking justice in the form of compensation. This arises when someone suffers loss or harm. Some acts can lead to both criminal and civil cases, but when we talk about torts we talk specifically about civil law.
Strict liability lawsuits are a specific type of product liability case. This is when someone doesn’t need to prove negligence or fault, because the activity or product is inherently dangerous. This does not mean that the blame is automatic. The defendant may be able to show that the plaintiff was acting carelessly, that there was another cause of the injury, or that the plaintiff used the product in such a way that could lead to injury even if they knew about the defect.
In order to win a strict liability case, the plaintiff must prove that the product was unreasonably unsafe, that the seller thought that the product wouldn’t be changed, and that the plaintiff was injured.
When you think about this area of the law, think about dynamite, nuclear energy, and exotic animals such as tigers or alligators.
A defective product is defined as any product that is dangerous when it is being used for its intended purposes, without any changes being made to it. This can include food items, medical devices, and children’s toys. A defective product lawsuit can occur when something that you bought causes injury.
How Certain Products Are Dangerous
When we make a trip to the store, we don’t want what we buy to hurt us. Unfortunately, manufacturers are not perfect. There are a few different steps where someone can make a mistake. This can be at the very beginning, in the design, all the way until the product is on a shelf. No matter what happens, if you have been hurt, you don’t want to navigate the legal system on your own.
Product liability lawsuits force manufacturers and distributors to consider the cost of endangering consumers. A dangerous product lawsuit could potentially create product changes that save lives and prevent future injuries.
Product liability claims are complex and require skill, experience and the resources to outlast big corporations. Our lawyers work closely with engineering, safety and medical experts to demonstrate to insurance companies and juries how products caused injuries.
Our courtroom demonstrations involve scale models, computer animations and accident reconstruction exhibits. Medical illustrations, along with computer simulations, are prepared to help juries understand how defective and dangerous products have caused serious injuries or death.
Our expert team of attorneys is ready to fight for you today. Based right here in Miami, we have tons of experience fighting for everyday citizens of Florida. We know how scary it can seem, fighting legal battles after you have been hurt. That is why our team will be in your corner, by your side every step of the way. Call us today at 305-662-6178 to get started with a FREE consultation.
Past Product Liability Cases
Construction Site Case: Panter, Panter & Sampedro re-created a model scissor lift to exact scale of the actual scissor lift involved in the case of a seriously injured worker. The model was used as a courtroom exhibit demonstrating how the worker fell and destroyed his kneecaps. After a lengthy trial, the jury returned a $1.7 million verdict. The case was later appealed to the 3rd District Court of Appeal and ultimately argued in front of the Florida Supreme Court by Mitchell Panter. The high court affirmed the verdict, resulting in compensation to a young working man for his medical expenses and loss of employability.
Food Safety Case: Our Miami, Florida, defective product attorneys have won product liability cases involving injuries caused by eating tainted seafood, particularly oysters. We are prepared to handle cases involving E. coli-contaminated produce, peanut products and beef.
Negligent Installation, Design and Manufacture Case: Our firm made a substantial recovery for a client who suffered serious lacerations from a shed. We discovered that the shed was improperly designed, manufactured and constructed and demonstrated liability on the part of the manufacturer who made the shed and the distributor who installed it.