Manufacturers are responsible for the products they create. Part of this is making sure that a product meets safety requirements before it is sold to the consumer. Even though this is an important step in the manufacturing process, a company’s urgency to increase profits can often result in products that don’t meet safety requirements slipping through and ending up on the shelf of a store. Product liability is the responsibility of a manufacturer or vendor of goods to compensate for an injury that is caused by a defective product.
The product liability attorneys at Madalon Law strongly believe companies need to be held accountable for manufacturing or selling an item that puts someone in danger and causes injury. If you or a loved one have been seriously injured and believe it may have been due to a defective product then you need to contact a firm that can review your case and let you know what your options are. We fight for the rights of victims throughout the state of Florida and never charge for a case review.
Our legal team understands the importance of identifying the design flaw, manufacturing error and negligent party that is responsible for the victim’s serious injury or death.
Examples of product liability cases can include:
When a person is injured by a defective product, the type of defect can determine who is liable. The state of Florida has two primary categories for defective products.
Design defect: A design defect in a product would mean there was an error in the blueprint of the item that resulted in it being unsafe. A design defect would mean that every manufactured product would be defective and need to be recalled.
Manufacturing defect: A manufacturing defect occurs when there is an error in the assembly process that was not intended to be part of the product made available for purchase. Unlike design defects, a manufacturing defect will be found in a much smaller quantity of the product.
There are rules and regulations that companies must follow when it comes to their warning labels. Labels must be easy to read and offer a detailed explanation of dangers. They must also inform the consumer of existing hazards, the severity of risk involved, the effects of the actual hazard and how to avoid it. A manufacturer of a product that is reasonably certain to cause harm if used in a foreseeable way has the duty to give adequate warning of any danger associated with the product. Failure to warn on a label can result in serious injury and even death.
In a product liability case, the injured consumer can seek compensation from more than one party. The three parties in the distribution of a defective product will include the manufacturer, wholesaler, and retailer. Hiring a firm that understands these cases and what it takes to identify all the negligent parties could be the difference between getting the financial compensation that is deserved and getting nothing at all. Contact the product liability attorneys at Madalon Law today for your free consultation.
WHAT IS A DEFECTIVE PRODUCT?
A defective product is a consumable, commercially produced and distributed good that is not fit for its intended use, dangerous or harmful for normal use, does not carry adequate instructions and/or warning, or is dangerous due to defective assembly, manufacturing or design.
WHAT IS PRODUCT LIABILITY?
Product Liability is the responsibility a manufacturer or vendor has to compensate for an injury and other damages that were caused by a defective product they sold or provided.
WHAT IS A DEFECTIVE PRODUCT LIABILITY CLAIM?
When a person suffers an injury due to a defective product, they would file a lawsuit so that they may recover for their damages. This lawsuit is a defective product liability claim.
ARE THERE DIFFERENT KINDS OF DEFECTIVE PRODUCT LIABILITY CLAIMS?
There are three different categories for defective product lawsuits.
A defectively manufactured claim is when a mistake is made at any point between the manufacturing factory and where the product was sold. A good example of this would be a bad batch of medicine
A defectively designed claim is when the mistake occurs in the design process. What this means is that all the products that were manufactured are dangerous. This is where a massive recall will happen.
A defective marketing claim is when a company fails to provide adequate instructions or warning regarding the proper use of a product.
WHO CAN BE HELD RESPONSIBLE IF I AM INJURED BY A DEFECTIVE PRODUCT?
In a product liability case, you want to include everyone in the chain of distribution. This can include the manufacturer, company who sold it, wholesalers, distributors and/or repair person. A firm that understands these cases can help you with the challenge of tracking down all of the parties for the lawsuit.
WHAT KIND OF COMPENSATION CAN I ASK FOR IN A DEFECTIVE PRODUCT LIABILITY CLAIM?
Someone who has been injured due to a defective product may be able to seek compensation for losses in several areas.
Seeking compensation for compensatory damage means you are seeking compensation for actual damages from the incident. This can include real economic losses like medical expenses, property damage and lost wages. You can also seek compensation for non-economic compensatory damages like pain and suffering and loss of consortium (when your injury has a negative impact on your relationship with your spouse).
Even though most product liability lawsuits will only see compensatory damages awarded, there are some cases where the victim may receive punitive damages. This is when the defendant’s conduct is so awful that the courts award damages that will punish them and discourage other companies from doing the same thing the corporation did wrong. In other words, this is when the judge and jury make an example out of the big bad corporation.
HOW MUCH WILL IT COST TO PURSUE A CLAIM?
Because the accident attorneys at MADALON LAW work on a contingency fee basis, you will not even see a bill unless your case is successful. Our Fort Lauderdale office serves Broward, Miami-Dade, Palm Beach and all other counties in the state of Florida. If you or a loved one have been injured and believe it was due to a defective product, then contact our office and speak to a product liability attorney about your accident. We will gladly answer your questions, address your concerns and explain your options in a clear and understanding way.
Hayes v. Spartan Chem. Co., Inc., 622 So. 2d 1352 (Fla. Dist. Ct. App. 1993)
This case involves a products liability, failure to warn case due to a chemical cleaner. Workers of a daycare filed a lawsuit alleging that the manufacturer of the product did not properly warn consumers of known dangers that were associated with the cleaning liquid used by law enforcement officers during the removal of ink off of newly hired applicants.
A newly hired employee of a daycare center in Clearwater, Florida went to the local police department in order to get her fingerprinting pre-requisite taken care of for her job’s background check. Once the woman had completed the fingerprinting process, an officer at the station sprayed a cleaning solution onto her hands to remove the ink that remained. A paper towel was then used to wipe away the cleaning liquid. Though the woman testified that the cleaner was only on her hands for a short period of time, she did state that while the product was being sprayed on her hands, she felt as though she inhaled some of the product.
Soon after inhaling some of the cleaning product, the woman began to feel extremely sick. Symptoms that she stated she began to feel include a fever, cold chills, stomach nausea, as well as a persisting headache. The victim in this case also described pain in her chest. When these symptoms failed to dissipate after a few days, she went to see a physician. Even after being seen by the doctor, the woman continued to have problems that she associates with inhaling the cleaning product. She also continued to treat with a physician due to her symptoms.
After a preliminary investigation was completed, it was determined that the liquid used to clean the woman’s hands was called “Tough Duty”. The product is an all-purpose cleaner that is of industrial strength. The degreaser product was manufactured by a company called Spartan. The victim filed suit against Spartan claiming that they were negligent in failing to provide adequate warning to the police department of the possible dangers attributed with using the cleaner. The woman’s claim was stating that a third-party company failed to issue a warning to its consumer of risks involving with using the product.
With product liability lawsuits, there must be considerations made at regulations in place which companies are required to follow regarding using labels to ward consumers. These warning labels must be clear and easily able to read. The warning itself must offer an explanation of the associated dangers involved with using the product. Additionally, a company needs to provide adequate warning regarding hazards that exist, the level of any risk that can be attributed to using the product, possible outcome from a hazard attributed to the product, as well as ways to steer clear from those hazards.
If a manufacturer produces a product for consumers which can reasonably cause injury if that product handled in a way which is foreseeable, then that company has a legal duty to properly warn their consumers of the possible dangers. Failing to warn consumers of these dangers can cause severe injuries, and a person can hold a company liable for those injuries when there is not adequate warning on the product.
If you have been injured by using a product in a foreseeable way and the label did not warn of the dangers, you should contact an attorney and let them know what happened. The Product Liability attorneys at Madalon Law will talk to you about your incident at no charge and explain to you what your options are during a free consultation.
Successful new products are usually the combination of great idea, design and manufacturing. Companies understand that good attention to detail and effort when creating a new product can result in an item that will be in high demand for years to come. Unfortunately, this level of success can tempt companies to cut corners in several ways as they attempt to maximize profits.
When a consumer purchases an item, they assume the product is safe and will do what it is supposed to do. Unfortunately, there are several examples that show this is not always the case.
Common examples of defective products include:
It could be a company that is in a hurry to get a product out in time for the holidays. It could be a medical device that is being rushed into the market without clinical testing. Maybe it is a company that already has a successful product, but is now looking to use cheaper material in order to maximize profits. What these scenarios all have in common is that a corporation made a decision to focus more on what benefits the business and less on the safety of its customers.
You need to take action if you or a loved one has been injured due to a defective product. Contact our Ft. Lauderdale office and speak to one of our product liability lawyers about your case. Let us know everything that happened and we will gladly answer your questions, address your concerns and clearly explain to you what your options are. You will not be billed for any of this.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.