Written by: Mitchell Panter • November 13, 2018• Legally Speaking

Defective Product Liability Claims During the Holidays

During this holiday season, it’s safe to say that a lot of new products will be exchanged between friends and loved ones. What happens if a product you give or receive is actually defective or dangerous? In the state of Florida, if a person is injured by a defective product, there are product liability laws that may allow that person to seek compensation from the responsible parties, whether that is the designer, manufacturer, or seller of the defective product.

Who is liable for a defective product?

Defendants in product liability cases can be any party or parties involved in the making or selling of the product, including regular sellers of the product such as retail stores, product manufactures, designers, or wholesalers.

What are the types of product liability?

The instances in which a liability claim can be filed vary. From food to toys to clothing to home décor, and just about anything you can think of, consumers have a right to expect that the product is safe. However, when serious injury or death occurs, there are three main types of liability that can be grounds for filing a claim.

Labeling or Marketing Defect – A labeling or marketing defect is when consumers are not adequately warned about the danger of using a product. All products must have instructions for proper use and warnings of any inherent danger in using that product. If a producer knows of a danger and does not list it on a warning label, they are putting consumers in a position where they could be injured. For instance, consumers may suffer injuries after using or coming into contact with power tools, car parts or medical devices if not properly instructed on safe use. As another example, food may be defective if allergens are not properly labeled.
Design Defect – Sometimes an error of the design of the product, not the manufacturing or use of the item, causes injury. In this type of case the engineer or design team will have made a critical mistake in the plans for the item prior to production. An example would be a toy that causes a choking hazard due to its design.
Manufacturing Defect – This type of defect is when a mistake is made during the manufacturing process which is why it’s important for businesses to find the right manufacturer to make the product. If they don’t use a sourcing agent in China and choose a manufacturer that makes low-quality products then this will be a real issue for them. As with the other two types of product liability, a host of different mistakes can happen in this type of liability. For instance, a food item may be manufactured in a way that contaminates the product with dangerous bacteria like Listeria or Salmonella.

Product liability claims are complex and require the skills of an experienced attorney. At Panter, Panter, and Sampedro, we work closely with engineering, safety, and medical experts to demonstrate to insurance companies and juries exactly how a product has caused an injury. Our proficient attorneys have a proven record of success in many types of product liability cases and are here to serve you. We offer free no obligation consultations.

The offices of Panter, Panter, & Sampedro are located at 6950 N. Kendall Drive. For more information, call 305-662- 6718, or visit PanterLaw.com.

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