Holding Manufacturers ResponsibleProducts liability law involves injuries from defective or unsafe products. A product is defective when it contains a manufacturing flaw, a design defect, or an inadequate warning. A manufacturing flaw occurs when a mistake in the manufacturing process causes the product to fail to operate as the consumer expected.
A product can also be defective by reason of its design when the product fails to perform as safely as an ordinary consumer would expect it to when the product is used in the normal, expected manner. Finally, a product can be defective for failing to have a warning or for not having an adequate warning. Examples of a defective product are a car that contains a design defect in the positioning of the fuel tank, so that the car explodes on impact and products containing asbestos without an adequate warning.
Florida law recognizes negligence, breach of warranty, and strict liability as claims for personal injuries or death caused by an unsafe or defective product. If you are injured by a defective product, it is important to save the product for inspection and analysis. Injuries resulting from defective products are often among the most serious. Terrell • Hogan has prosecuted products liability actions for over 20 years.