What types of defect can lead to legal action?

If you are using a tool, toy or other product when it suddenly breaks or does something unexpected, you could be in a position to get seriously hurt. In these situations, people can be severely cut, burned or even suffer extensive nerve or brain damage.

Considering all the damage that can be done by a dangerous or defective product, it makes sense that there are legal measures in place to protect victims of these products. Product liability laws are in place to hold accountable the negligent parties responsible for a product that malfunctions or is unexpectedly dangerous. In order to pursue a claim, it must be determined if a defect exists and what type of defect it is.

Generally speaking, a product can be defective in a few different ways.

  • If the product was designed in such a way that it would pose a threat to users, the product could have a design defect. Whichever party designed the product could therefore be held accountable for any injuries suffered.
  • If a product was improperly manufactured, it could be considered a manufacturing defect. This could mean that it was made improperly or with unsafe materials. It may also be defective because of how it was assembled.
  • Even if the product was designed and made properly, it can still cause injuries if consumers are not made reasonably aware of potential hazards associated with using the item. Without these warnings, people can be unaware of how to use the product to avoid injury. This could qualify as a marketing defect.

However, just because a product causes injuries does not mean that it was defective in any way. Defenses to product liability claims could involve claims that a product was not used for its intended purposes or that it is unavoidably dangerous. For instance, claims be denied in cases where someone used a hairdryer for cooking or if someone was cut by a sharp saw, as a saw would be ineffective if it was dull.

In order to determine whether you have the option to pursue legal action, you can discuss the specifics of your situation with an attorney. A legal representative familiar with Florida product liability laws can help you understand if you have grounds for a claim and how you may want to proceed.