Types of Defective Products & What to Do if a Defective Product Injures You

Our firm handles product liability cases in which clients have suffered injuries due to some sort of defective product. When this occurs, Florida state law affords victims the opportunity to take legal action against the manufacturer, distributor or retailer and pursue restitution for their damages. If you were injured directly by a malfunctioning or flawed product or if the product’s error contributed to an accident, speak to a local Fort Lauderdale product liability attorney about pursing restitution for your losses.

What constitutes a “defective product”?

First, determine what’s considered a defective product in regard to product liability law. In order to pursue compensation, you’ll need to show that the product was not only flawed in some manner, but also that it caused actual injury.

Defective product claims can be brought about in a few different types of situations:

  • Defectively manufactured – This is when a product itself has some sort of flaw or defect; there was some sort of error in its manufacturing;
  • Defectively designed – Another category of product liability claims are those that involve products whose design was inherently dangerous; or
  • Inadequate warnings – If the manufacturer doesn’t provide adequate instructions or warnings for its product, and this causes the consumer to sustain an injury, it can be the basis for a product liability claim.

Types of Defective Products

Any product on the market has the potential to be defective. Just glancing at Recalls.gov demonstrates the prevalence of defective products on the market today. New product recalls happen every day, from child products like baby cribs, to auto-related items such as motorcycle parts.

To give you an idea at the massive scope of defective products, Recalls.gov involves six agencies with jurisdiction over various types of products that include boats, environmental products, motor vehicles, food, medicine, cosmetics and consumer products. The Consumer Product Safety Commission has jurisdiction of more than 15,000 consumer products.

Some of the types of defective products that may constitute a product liability claim include:

  • children’s products (toys, car seats, safety devices);
  • medications;
  • toxic chemicals (pesticides, asbestos, chemical solvents);
  • medical devices (implants, dialysis filters);
  • car, motorcycle, truck and bike parts;
  • building materials (shoddy materials, materials that don’t meet regulations);
  • elevators and escalators;
  • safety equipment;
  • tools and machines;
  • appliances; and
  • safety equipment.

Exercising Your Legal Rights after an Injury

You and your attorney will need to be able to prove that the defective product caused your injury and that the manufacturer knew or should have known the defect was present. Should you be able to do this successfully, you may be entitled to damages, including:

  • all related medical bills;
  • future treatments;
  • lost time at work while you’re recovering; and
  • pain and suffering.