What is Product Liability?
Simply put, product liability is an area of the law designed to compensate individuals who are harmed by a defective product. For example, you would likely have a viable product liability claim on your hands if, upon plugging in your brand new toaster for the first time, it inexplicably exploded and injured your hand. Product liability claims come in a variety of different shapes and sizes, but hopefully you get the basic idea; if you were injured by a defective product while using it as it was intended to be used you can file a product liability claim. Product liability law can get very complicated, but rather than get bogged down in technical details, the aim of this article is to simply explain what product liability is by highlighting the types of parties that are typically named as defendants in product liability claims and then, by outline, the three different types of product liability claims.
Who Can be Held Liable when a Defective Product Causes Harm?
When a plaintiff (i.e the party who is suing) files a defective product claim, he or she typically names all parties involved in the product’s chain of distribution as defendants. The “chain of distribution” is the path that a product travels down from the manufacturer to the consumer and includes every business that took control of the product before the consumer purchased it. Therefore, manufacturers, retailers, suppliers, and distributors are all frequently named in product liability cases.
The Three Types of Product Liability Claims
Product liability claims are typically broken down into three different types of claims; defectively manufactured products, defectively designed products, and products that are defective because they failed to provide adequate warnings or instructions. Each of these categories is described in turn below.
Defectively Manufactured Products: A manufacturing defect occurs when some mishap in the manufacturing process causes a product to diverge from its intended design. Manufacturing defects most frequently occur because of faulty manufacturing machinery, improper workmanship, or defective materials were used.
Defectively Designed Products: A design defect occurs when a product is manufactured in accordance with the design specifics but there is a problem with the design itself. For example, if a product was design with a structural defect then the product would be considered a defectively designed product.
Failure to Provide Adequate Warnings or Instructions: This third type of defect is a bit different from the other two because it involves a product that is sold without adequate warnings or instructions. Without these warnings or instructions the product is deemed to be defective.
Contact Us for Professional Help
If you’ve been injured by a defective product and are wondering what your legal options are in regards to pursuing a product liability claim in Florida, contact Piccin & Glynn, Attorneys at Law today. One of our experienced product liability attorneys would be happy to discuss your claim with you during a free initial consultation. Our Ocala office can be reached at (352) 351-5446 or via our online contact form.