Consumers have a right to expect the products they buy to be safe and to work as intended. When they don’t, things can go seriously wrong, and people can be hurt.
When a manufacturer or seller of a dangerous or defective product is held accountable for injuring a consumer, it’s called products liability. In fact, anyone who exposes a consumer to the dangers of a defective product – from the maker of the product, or its component parts, to the wholesaler and retailer – can be held responsible for that product and the injuries it causes.
Design: This means the manufacturer developed and designed the product with a defect.
Manufacturing: This is when a product is not made or assembled correctly-something went wrong in the manufacturing process.
Marketing: This is the case when products are not marketed with the necessary labels or accompanied by sufficient instructions for use, or if the manufacturer fails to warn consumers about dangerous aspects of the product.
The law states that every product should meet “the ordinary expectations” of a consumer. It should work as intended, and it should not put the consumer at risk for injury from hidden dangers. Those responsible for making and supplying defective products are held by the law to be responsible for the injuries they cause.
It’s one thing to suffer an injury at the hands of a defective product. It’s another thing entirely to pinpoint who is liable so that you can learn more and potentially take legal action against them.
Generally speaking, liability can be associated with one or more parties, including:
Most of the time, only one party is liable for injuries. However, there are situations in which two or more parties could be liable, which adds another aspect to your injury case.
In Florida, the statute of limitations for a defective product claim is four years from the date of injury.
However, if the claim is associated with a wrongful death, the statute is reduced to two years.
You don’t have to rush into a claim, but it’s better to act fast. This keeps you safe under the statute of limitations, while also making it easier to collect all available evidence.
Defective products come in all shapes and sizes, spanning every category imaginable.
Here are some common examples of defective products, broken down by category:
Even products that appear to be straightforward and simple to use can have defects.
Defective Product Frequently Asked Questions (FAQs)
The following are among the most common questions associated with defective products and product liability:
If you or someone close to you has been injured by a defective product, consider contacting Terrell • Hogan. You can also call us toll-free at (888) 244-5557 to speak with an experienced product liability attorney.
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