When a product—from a medical device to a child’s toy—causes harm due to defective design, manufacturing errors, or inadequate warnings, the manufacturer, distributor, and retailer can all be held liable under Florida law. Our Fort Lauderdale, FL personal injury lawyer law firm represents innocent people injured by products that were unsafe by design, negligently manufactured, or sold without adequate warnings about their dangers.
What Are The Three Main Types Of Product Defects?
- Design Defect: The product is inherently unsafe, even when manufactured perfectly according to specifications. The danger exists in the product’s blueprint or fundamental design. A classic example is an SUV model that’s prone to rollovers due to its high center of gravity, or a medical device that’s fundamentally flawed in its conception.
- Manufacturing Defect: A safe design was compromised by an error during the production process. This affects only specific units or batches rather than the entire product line. Examples include a single batch of medication contaminated with a foreign substance, or a car with improperly installed airbags due to assembly line errors.
- Warning/Marketing Defect: The product was sold without adequate instructions or warnings about non-obvious dangers that could cause harm. This includes a powerful chemical cleaner sold without clear warnings about the need for ventilation, or a prescription drug marketed without disclosing serious side effects.
What Is The Difference Between A Class Action And A Mass Tort (MDL)?
- Class Action: A large group of people has the exact same injury or loss from the same product. Their claims are bundled into one single lawsuit where one or more plaintiffs represent the entire class. This is efficient for cases involving identical damages, such as overcharges or minor injuries.
- Mass Tort / MDL (Multi-District Litigation): A large group of people is harmed by the same product, but their injuries are different in severity, type, or circumstances. The cases are consolidated before one federal judge for pre-trial proceedings to create efficiency in discovery and motion practice, but each plaintiff maintains an individual case with individual damages.
We are experienced in representing clients in MDLs related to defective drugs like Roundup weed killer cancer claims, medical devices such as defective hip implants, and consumer products including PFAS-contaminated items.
Proving Product Liability
These cases require extensive expert testimony from engineers, medical professionals, and industry specialists who can establish that the product was defective and that the defect caused your injuries. We work with leading experts from universities and research institutions to build compelling cases against major manufacturers.
Statewide Product Liability Practice
Whether you were injured by a defective product in Miami, Orlando, Tampa, Fort Lauderdale, or Jacksonville, or are suffering from one of the many common types of personal injuries, we have the resources and expertise to take on major manufacturers and their legal teams. Our statewide practice allows us to efficiently handle cases regardless of where the injury occurred in Florida. One of the many advantages of hiring a lawyer is that while they shoulder your legal burdens and fight for your compensation, you can focus on recovery and rehabilitation. Reach out to Needle & Ellenberg, P.A. today.