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If you have been injured due to a defective product, you may be able to assert a product liability claim.  Product liability claims can be challenging, due to the fact that defendant-manufacturers often have significant resources to fight the case and are incentivized to promote legal conflict (so as to prevent future plaintiffs from asserting their claims).

In Florida, plaintiff-consumers are entitled to sue defendants on the basis of three different defective product theories: a) manufacturing defect; b) design defect; and c) failure to warn of injury risks.

Let’s consider each type of defective product claim in turn.

Manufacturing Defect Claims

A manufacturing defect claim is based on the assertion that the defendant incorrectly manufactured a flawed product, wherein the flaws subsequently caused the plaintiff’s injuries.

Manufacturing defect claims only require that the product at-issue was incorrectly manufactured.  It is not necessary to show that an entire batch of products was defective.  It is only necessary to show that the product actually used by the plaintiff was defective.

Design Defect Claims

A design defect claim is based on the assertion that the defendant incorrectly designed a product, thereby heightening the risk of injury and making it inherently dangerous when used in its normal capacity.

Design defects can be difficult to prove against large corporate defendants, as these defendants invest a lot of resources into shielding themselves against such cases.

For example, suppose that you are seriously injured in a motor vehicle accident.  After a thorough investigation, it is revealed that the seatbelt was defectively designed.  A cheap alterative seatbelt could have been installed – and was considered – that would have prevented the injury.

Despite the fact that the plaintiff’s claim seems obvious, the defendant auto manufacturer will potentially spend millions on industry experts to testify against your claims.  The experts will make biased statements oriented around the idea that there the balance of factors was in favor of not designing a safer alternative product.

To prove your design defect claim, you will have to show that an alternative, easy-to-produce product was available, and that such design was considered and ignored by the defendant, despite data revealing its improved safety.

Failure to Warn Claims

Failure to warn product liability claims in Florida are based on the assertion that defendants have a duty to warn consumers about inherently dangerous or otherwise risky products.  If the defendant fails to warn consumers about such risks, they may be held liable for the resulting injuries.

For a defendant to be held liable for failure to warn, the plaintiff must show that the defendant knew or should have known about the dangers posed by the product.  If they did, then the defendant will be held liable for failing to warn about such dangers.

Not all warnings are sufficient.  The warning must be clear, must effectively communicate the risks of using the product, and must actually warn users about such risks.

Strict Liability

In Florida, it is not necessary that the defendant be negligent in order to sue on the basis of product liability.  If the product is defective – or if the defendant has failed to adequately warn consumers of the risks – then that is enough to attach liability.

What are the benefits of strict liability?

For the plaintiff, strict liability means that you do not have to prove that the defendant was negligent in their design, manufacture, or failure to warn of the product’s defects.  It is only necessary that you show that the product was actually defective (or that there were certain known dangers that were not adequately warned about).

Essentially, the application of strict liability makes it easier for a plaintiff to succeed in their product liability claim – though it is worth noting that product liability claims, by and large, are still quite difficult to win due to the resources and willpower of corporate defendants.

If you have been injured due to a potentially defective product, you may be able to assert a legitimate personal injury claim.  Contact Randall Spivey to connect with a skilled Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.