Product Liability Through Manufacturing Defect in Florida
In general, a product liability injury case is one where a consumer was injured by a product that was intended as used. In Florida, such a case can be pursued under three different theories:
- Design Defect – this involves a situation where the product was designed in an improper way and was not fit to serve its intended purpose, thereby causing an injury. A simplistic example of a design defect would be if Car A was designed in such a manner that it turned over every time it turned right.
- Manufacturing Defect – this involves a situation where the product was designed properly but was manufactured in such a way as to be defective, thereby causing an injury. A simplistic example of a manufacturing defect would be if Car A was designed properly to turn right but parts were left out in the assembly line resulting in it turning over every time it turned right.
- Marketing Defect – this involves a situation where the product was designed and manufactured properly but the labeling and/or warning included with the product failed to warn the consumer about known dangers associated with the product or its common uses, thereby causing injury. A simplistic example of a marketing defect would be if a bleach manufacturer failed to post a warning on its bleach that it was unsafe to mix the bleach with ammonia, a known danger of bleach.
Florida, as with most states, uses a strict liability system when it comes to design defect product liability cases. Simply put, this means that a manufacturer, designer or seller can be held responsible for damages a product causes even though there is no evidence of negligence in the design process. Most agree that this exists because most products are designed and manufactured with due diligence and that holding manufacturers strictly liable will ensure that the vast majority of products that are available on the market will therefore be safer as a result. As of March 2015, a product is defective of manufacture in Florida if:
- The product is in a condition unreasonably dangerous to the user
- The product is expected to and does reach the consumer in such a condition
- The product is different from its intended design and fails to perform as safely as the intended design would have performed.
After reading this, if you or a loved one has been injured by what you believe to be a defectively manufactured product you should seriously consider consulting an experienced products liability attorney. The knowledgeable and skilled attorneys at Gerson & Schwartz, P.A. have over 40 years of experience fighting for the rights of people just like you who have been injured by defectively manufactured products in Broward and Miami-Dade counties. They know this complex area of the law well and associate with experts who have the specific knowledge and abilities to help prove your case. Please call us now at (877) 475-2905 to set up your free consultation today and ensure that you preserve your rights to recover