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Defective Products & Law

FAULTY PRODUCT CLAIMDefinition of Defective Products

One of the major causes for personal injuries or deaths in Florida and the U.S.A. are dangerous & defective products. The law defines such products as, when their manufacturer has failed to sell to the public, products that conform with the applicable standards of safety, or has not adequately warned the general public of such products, should the discovery about their defect occurs after the products have been released.

Which Products Are Considered As Defective

The general rule separates defects in three categories:

  • Design defects

The defects that fall under this heading pertain to those that originate at the designing phase of the product before it is even manufactured.

  • Manufacturing defects

Any defective materials or faulty equipment used in the manufacturing phase of a product is classified under this category.

  • Marketing defects

All other reasons that result in a dangerous or defective product fall under this category. Reasons such as improper labelling, insufficient or deficient instructions, or inadequate warnings are also included.

Product Liability Laws

In Florida, these laws were designed to enable the victims of products that caused harm, to receive compensations by the parties responsible for releasing these products into the market. Depending on the circumstances of each case, liability can be established against the manufacturer, all distributors and any possible installers.

The same laws stipulate that eligible for compensation and considered as a victim of a defective product, is not only the person that purchased the product, but also any bystander that suffered the effects of the defect.

Most Usual Law Suits

Almost 90% of the filed lawsuits in Florida pertain to products classified under four major categories. These are:

  • Defective cars

It is not only defective engines or other major parts that belong to this category. It is also defective seatbelts, airbags, tires and / or tread separation, infant restraints and / or child car seats, seat bags and any other part of a vehicle that has resulted in a personal injury or death.

  • Defective pharmaceuticals

Bone and/or tissue grafts, defibrillators, implants, drugs, medicines, or any other product intended for pharmaceutical use and produces injury or death, is a part of this category. Medical malpractice is NOT included here as it is handled separately.

  • Defective child products

Actually this is the issue that has risen the greatest concern among the public. Thousands of children are hurt every year because of defective toys or other products that are to be used by children or juveniles.

  • Defective equipment

Swimming pools, machinery, tools, drains, pumps, generators and any other product included in the U.S. Consumer Product Safety Commission’s reports is included here.