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If you’ve been injured due to a defective product, you may be entitled to significant compensation under Florida law.

Product defect litigation gives injured plaintiffs the power to engage billion-dollar multinational companies on an even playing field.  However, successful litigation requires skillful, considered advocacy, so we encourage you to contact us today to learn more about how an experienced Fort Myers defective product attorney at our firm can help.

Product recalls are not uncommon in many industries, but how will that impact your prospective product defect case?  Let’s take a closer look.

The Basics of Product Liability

Product liability claims are rather simple from a theoretical standpoint.  Essentially, those who have been injured due to a defective product have a right to sue and recover damages from the responsible manufacturer.  Whether you are entitled to compensation depends on your ability to prove that the defendant-manufacturer’s product is actually defective. There are a number of product defect theories through which you can bring a claim:

1. Defective design
2. Defective manufacture
3. Known risks with failure to warn
4. Breach of warranty

For example, a set of brakes may be well-designed, but there may have been a “bad batch” at the factory that led to weak brakes that fractured during use, which, in turn, can lead to a car accident. This could qualify as defective manufacturing.

It is important to understand that you need not prove that the defendant was actually negligent in creating the defect at issue.  All you have to do is show that the product itself is defective (in accordance with one of the aforementioned theories).

The Legal Impact of a Product Recall

So, how does a product recall come into play?

Companies may either voluntarily issue a recall of a given product or a regulatory agency may demand that a company issue a recall.  In some cases, the company may be required to either replace, refund, or otherwise compensate consumers pursuant to the government agency’s order.

With respect to litigation, a product recall will not serve as absolute “proof” of liability, though it can be used as evidence that the product is defective.  For example, if a company voluntarily recalls a product to evaluate safety and potentially make it safer, you cannot use that as conclusive proof that the product was defective, though it will certainly be useful as part of your overall argument.

Whether a product is defective does not and cannot turn solely on the issuance of a product recall, as it requires a comprehensive analysis of many factors ranging from the reasonable expectations of consumers under the circumstances, to the availability of reasonable, safer alternative designs/manufacturing possibilities.

Contact a Fort Myers Defective Product Attorney for a Free Consultation

Here at Spivey Law Firm, Personal Injury Attorneys, P.A., we have decades of experience working with injured plaintiffs in a variety of disputes, including those that arise out of a product defect related accident.  Though it may seem as though you — the plaintiff — do not have the resources to take on a manufacturer defendant, we encourage you to contact our firm for assistance.

The legal system is designed to give litigants the ability to win against defendants who have greater resources, so long as you can establish liability through well-reasoned, persuasive argument.  This is particularly evident in product defect cases, where regulations give plaintiffs the advantage by only requiring that they show that the product is defective and caused their injuries.

Ready to move forward?  Call Randall Spivey at 239-337-7483 or complete an intake form through our website to schedule a free and confidential consultation with an experienced Fort Myers defective product attorney at our firm today.