When you buy a product, you expect it to be safe. Unfortunately, sometimes products are defective and can cause serious injuries. If a dangerous product has harmed you, you may have a case under product liability law.
But what is product liability? It's a legal concept that holds manufacturers, suppliers, distributors, and sellers responsible if their products injure consumers.
Companies can be held responsible when consumers are injured by their products due to defects in design, manufacturing, or instruction and warning. Here’s an overview of these three types of product liability claims.
1. Design Defects
Defective design means the product’s design is inherently dangerous. Even when it’s manufactured correctly according to the design specifications, the defect poses a danger to consumers.
For example, imagine a car model that tends to flip over during sharp turns because it's too top-heavy. Even if it’s built perfectly, the design itself makes it dangerous to drive. Another example is a dresser that tips over too easily, even when it’s used correctly. These products pose risks that a reasonable person would not expect.
When a product has a design defect, all items produced with the design will be defective.
Design Defect Example
The Ford Pinto was produced in the 1970s and had a gas tank design that made it prone to catching fire in rear-end collisions. This design flaw led to numerous accidents and injuries.
It was discovered that Ford knew about the defect before releasing the car but decided not to spend $11 per vehicle to fix it. Ford predicted the defect would cause 180 deaths and 180 severe burn injuries. A cost-benefit analysis determined it would be cheaper to pay damages in wrongful death and injury claims than make the car safe. In cases involving fatal defects like these, a New Port Richey wrongful death lawyer can help surviving family members seek accountability and compensation from negligent manufacturers.
This case became infamous and led to improvements in safety regulations. While Ford’s willful misconduct resulted in punitive damages, it’s important to note that product liability claims do not require negligence or misconduct. Most cases are based on strict liability.
2. Manufacturing Defects
Manufacturing defects occur during the production process. The design might be safe, but something goes wrong while making the product, leading to a dangerous flaw. A manufacturing defect happens when a product is built incorrectly or differs from its intended design.
Unlike a design defect, a manufacturing defect usually affects only a small number of products in a batch. One way to prove a defect in manufacturing is by comparing the faulty product to a correctly manufactured version.
An example of defective manufacturing is a prescription drug made with a contaminated component or a batch of bicycles made with inferior materials that cause the frame to crack.
Manufacturing Defect Example
In 2001, Bridgestone Firestone recalled 6.6 million tires installed on Ford vehicles due to tread separation at high speed or in high temperatures. A combination of issues led to the defects, including manufacturing issues at Firestone’s Decatur factory and inadequate quality control.
This was one of the largest product recalls in history. At least 271 people were killed in accidents caused by the defective tires.
3. Failure to Warn (Marketing Defects)
A failure to warn claim arises when a product is dangerous in a way that isn’t obvious and lacks adequate instructions or warnings. Manufacturers must provide clear instructions and warnings about dangers, including dangers when a product is not used as intended but in ways that are reasonably foreseeable. Failure to do so is known as a marketing defect or failure to warn.
Examples of failure to warn defects:
- Prescription drugs without warnings about side effects the manufacturer knew about or had reason to believe could occur.
- Power tools without safety instructions and warnings about the risks of improper use.
- Hazardous products without proper labeling. Chemicals should have hazard labels that include the chemical composition, possible dangers, protective measures, and first aid in case of exposure.
This type of claim focuses on the absence of proper guidance, making the product unsafe for users.
Failure to Warn Defect
In the infamous McDonald's hot coffee case, the company failed to warn consumers that their coffee was served at a dangerous temperature. At the time, McDonald’s policy was to serve coffee at 180 to 190 degrees Fahrenheit. That’s hot enough to cause severe third-degree burns in just three to seven seconds.
A 79-year-old woman burned by McDonald's coffee suffered third-degree burns and required skin grafts. McDonald’s had already received more than 700 reports of burn injuries from its coffee.
Who Is Liable In a Product Liability Case?
Several parties may be responsible for a defective product, including:
- Manufacturers
- Distributors and suppliers
- Retailers
If any of these parties allowed a defective product to reach consumers, they may be held liable.
If you have been injured by a defective product, Roman Austin Car Accident and Personal Injury Lawyers is here to help you. We will help you hold the responsible parties accountable and pursue the compensation you deserve. Contact our law office to schedule a free consultation to explore your legal options.
Contact the New Port Richey Product Liability Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a product liability lawyer in New Port Richey. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
