What are the 3 Types of Product Liability Cases in Florida?

Every day, people use products to cook food, do work, and relax. Look around your desk and you will see countless products—lamps, laptops, pens, and even the desk itself.

The vast majority of products work as expected. But when they don’t, they could end up causing serious injuries. Many people will struggle with medical expenses and lost wages as they try to recover from their physical injuries.

Under Florida law, you can receive compensation, but you need to prove that the product was defective. You can do that in 3 ways.

Design Defect

Some products are dangerous even if they are made according to the design specifications. For example, a high chair might have legs that are too far apart, making the highchair unstable. The design of the chair is what has caused the product to be unreasonably dangerous.

To prove a design defect, you need to show that the product did not work as a reasonable consumer would expect it to. For example, no one expects a blender to blow up in their face, so if it does, then it is defective. When there is a design defect, problems tend to show up across the product line.

Manufacturing Defect

With other products, there is nothing wrong with the design. However, the way the particular item has been manufactured renders it defective. In other words, the product was not made according to the design and is therefore dangerous. As an example, medicine might be defective if it becomes contaminated.

Marketing Defects

Some products need to be used in a certain way to be safe. If the product lacks adequate safety warnings or instructions, then the product can become dangerous. For example, a toy might not be appropriate for children under 5, who could swallow small component parts. If the product lacks this safety warning and a child under 5 is injured by swallowing it, then the product is unreasonably dangerous.

To succeed in this type of claim, an injured victim must show:

  • There were harms that were foreseeable (i.e., expected)
  • These harms could have been reduced by providing safety warnings or instructions
  • The failure to include these warnings/instructions made the product unreasonably dangerous

Miami Products Liability Attorneys

Dolan Dobrinsky Rosenblum is a leading Miami products liability law firm. we have helped countless consumers receive money for medical bills and other expenses after injury by a defective product.

If you need help, please contact us right away. The sooner we get started, the better. You can reach us by calling 305-371-2692 to schedule a free consultation.