Defective Consumer Products
Most people assume that products wouldn’t be on stores’ shelves if they had serious safety problems. But in fact, defective consumer products regularly make it to retail outlets -- and then into people’s homes. The U.S. Consumer Product Safety Commission, Food and Drug Administration and National Highway Traffic Safety Administration recall numerous products each month for safety flaws from ranging from choking hazards to bacterial contamination to poorly attached seat belts. Far too often, it’s only after several people die or are seriously hurt that a product is finally taken off the market. But those who were already hurt by the defective product can still hold the manufacturer liable with a Sarasota defective product lawsuit.
The law recognizes three types of defects in consumer products. Design defects are problems that were built into the product because its designers made a mistake or an error of judgment. The Ford Pinto was recalled in the late 1970s because of a design defect -- its gas tank was placed so close to its rear bumper that rear-end accidents above a certain speed could cause a fuel spill and a catastrophic fire. By contrast, most cases of tainted food are manufacturing defects -- flaws introduced during manufacture and processing. Products can also be considered defective if they fail to warn consumers about the foreseeable risks that come from using them, such as the risk of electrocution from immersing a kitchen appliance in water to clean it. Dangerously defective products include:
- Appliances with faulty wiring that can cause a fire or electrocution
- Defectively flammable furnishings
- Toys and other children’s items made with lead or other toxic materials
- Toys and other items that pose a choking hazard for small children, but don’t carry a warning label
- Tires, brakes, seat belts and other auto parts that fail, causing or worsening a car crash
- Food tainted with salmonella, e. coli, botulism or other contaminants
- Over-the-counter and prescription medications that harm their users
- ATVs, dirt bikes and other fast-moving off-road vehicles with safety flaws
These products can cause very serious injuries, up to and including wrongful deaths and permanent, lifelong disabilities. These injuries can be physically and emotionally devastating for their victims and the families who love them, and may generate many thousands of dollars in medical bills. Under Florida law, manufacturers are strictly liable for the injuries caused by serious safety flaws in their products, regardless of whether they took steps to find and eliminate those flaws. That means manufacturers are legally liable for injuries and deaths from defects they failed to find and stop, regardless of whether they knew about them ahead of time. Victims can recover the costs the defects caused, as well as compensation for their injuries and losses, with a Miami-Dade product defect lawsuit.
At Balliro, we are proud to represent people throughout Florida who were injured or lost a family member to serious safety flaws in consumer products. Our Miami defective product attorneys have more than a decade of experience in Florida courts. During that time, we have tried hundreds of cases to a verdict and interviewed hundreds of witnesses, giving us substantial trial experience that many other “settlement factory” firms lack. Our goal is never just to settle; it is always to get our clients the best possible financial settlement, even if that means a full trial. We aim to get our clients the money they need to fully treat their injuries and support their families, while moving past a devastating accident.
If you or a loved one was badly hurt by a consumer product you thought you could trust, you should call Balliro as soon as possible. To learn more about your legal options at a free, confidential case evaluation, please contact us online or call 1-866-INJURED toll-free from anywhere within Florida.
Florida Injury Lawyers Blog - Defective Products
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