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.
Products can be defective in several ways:
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.
Who Could Be Liable?
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:
- The manufacturer
- The wholesaler
- The retail store
- The manufacturer of product parts
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.
What is the Statute of Limitations?
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.
Types of Defective Products
Defective products come in all shapes and sizes, spanning every category imaginable.
Here are some common examples of defective products, broken down by category:
- Design: A car that suddenly brakes for no reason or a baby toy that a child could easily swallow.
- Manufacturing: A faulty safety lock on a car seat.
- Marketing: Also known as failure to warn, such as neglecting to notify of serious side effects of a prescription medication.
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:
- How do I know if a product is defective? Generally, the answer is simple: you don’t. And for that reason, you continue to use the product with the idea that it’s safe to do so.
- How do I know who is at-fault? This can be difficult to answer at first, so it’s critical to consult with an experienced product liability attorney. They can review the finer details of your accident to determine who is at fault and how you can hold them responsible for your damages.
- What type of evidence do I need? This varies from case to case, but keeping the defective product in your possession — if possible — is in your best interest.
- How much is a product liability lawsuit worth? An attorney can answer this question after reviewing the facts of your case.
- Were you using the product as intended? The defendant will do their best to argue that they’re not liable, such as by stating that you were using the product in an inappropriate manner.
- Will my case go to court? Your legal team will do its best to settle your case out of court, as this can save you time and stress. However, there are times when this is not possible and a product liability case goes before a jury.
- What traits should you look for in a defective product lawyer? Experience and targeted knowledge are among the most important, but the best lawyers are also respectful, easy to talk to, and willing to go above and beyond to serve you.
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.
