American Bar Association
American Association for Justice
The Florida Bar 1950
Florida Justice Association

Determining the Cause of Faulty Products

Shopping is one of American’s favorite pastimes and is rarely thought of as having a potential for danger. No one walks into a store expecting to purchase a product that could be harmful to their health and the wellbeing of their loved ones. Unfortunately, this takes place more often than we realize.

The products that we purchase in retail stores are supposed to have been tested and thoroughly examined by their manufacturers, and this happens for the most part. All products are susceptible to poor manufacturing, defects and more, including cars, toys, laptops, household items and more. When an inherent or dangerous flaw is discovered in a product, the manufacturer will usually recall the product.

Product liability law was created to protect the rights of consumers who have been injured because of a defective or faulty product. These laws place responsibility on the manufacturer, designer, distributor, or retailer of any consumer product in order to make sure that their products do not cause harm to consumers. Insurance companies frequently try to downplay the power of product liability law so that they do not have the responsibility of paying out compensation claims.

If you have been injured by a defective product, you may find it difficult to understand how product liability law protects your rights. These cases can be difficult to prove in court, especially with modern design and manufacturing methods, and it is wise to hire an attorney who is experienced in product liability law.

Here at Klemick and Gampel, P.A., we are highly experienced at handling these cases on the behalf of those injured by defective products. We know how to pursue the retailer, manufacturer or the person who was responsible for the injuries, and there one of three things must be proven under the law before a product liability case can be won.

Types of Product Liability Cases
  • Design Defects: The design process is responsible for the way that products are created and put together with certain materials. If you suspect that your injury resulted from a defective design, we will review the entire design process, from the blueprints to the execution of the design, to see if there was a flaw. Examples of defective designs include a type of sunglasses that failed to protect the eyes from ultraviolet rays or a line of electric blankets that can electrocute the user when turned on high.
  • Defect in Manufacturing: In some cases, the design and the materials listed in the original design were safe, but there was a flaw in the manufacturing process. If the manufacturer alters the design or the materials used, even in the slightest way, it may have the potential to cause harm to consumers or users. The main reasons why manufacturers change these things is to cut costs and maximize profits, reasons that are hardly worth the pain and damage that a defective product can cause. From a tainted batch of cough syrup that poisons consumers to a moped that is missing its brake pads, there are countless ways that manufacturing defects can occur.
  • Lack of Warning: There is sound logic behind the warning labels that exist on practically every product. These warnings instruct people on how to use the product correctly and how to avoid injury. Warning labels are meant to offset the fact that products can sometimes be marketed in ways that the product was not originally intended for. Therefore, warning labels exist to inform consumers about any particular danger that might arise when using the product. In some cases, the product is not harmful but the packaging is made of dangerous materials that could be a danger to others if used the wrong way.

Whatever the case may be, the maker of the product is liable for including these possibilities for harm on the warning label. Examples of a failure-to-warn claim include a paint-removing chemical that is sold without adequate instructions for safety and use, or a child’s toy that does not warn about the possibility of choking.

Proving a Product Liability Claim

Since there are so many different people and parties involved in the design and manufacturing process, it is easy for one to pass the blame for an accident onto the other parties involved. It may be that each individual part of the product was manufactured by a different company, and this is true of some automobiles and electronic appliances. Determining which element of the manufacturing process was liable in causing injury can be tricky, and this is one of the reasons why injury victims need an experienced product liability attorney on their side.

Trying to bring a claim against a large corporation is never easy, but our team has the resources, legal skill, experience and determination to help you succeed. We have over 95 collective years of experience in helping injury victims receive the compensation they deserve for injuries that were due to no fault of their own.

A large portion of our firm’s practice is devoted to helping those who were injured due to faulty products, so call today to schedule your free consultation with one of our legal professionals. From defective sports equipment to consumer products, dangerous toys, medical devices and more, we have handled a broad range of product liability cases during our years of practicing product liability law. We serve clients in Miami and throughout Southern Florida, and we will fight tirelessly on your behalf.

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