Compensation for Defective Products

Defective products are responsible for hundreds of thousands of injuries every year. From defective car parts to dangerous drugs to baby blankets, product defects are present in every aspect of our lives. Product makers owe a duty to only place safe products on the market, yet time and again manufacturers place their duty to their shareholders to make a profit ahead of their duty to public safety. When this occurs, the lawyers at the Law Office of J.J. Talbott, P.A. in Pensacola come to the aid of injury victims in all forms. We stand up for the rights of the consumer and are not afraid to take on the automotive and pharmaceutical giants of big industry. In Florida and Alabama, contact us when you or a loved one are harmed by a defective product.

Strict Liability for Product Defects

There are many different legal theories that can be explored to hold manufacturers liable for defective products, including breach of an express warranty, breach of an implied warranty, and negligence. Under one theory of liability, known as strict products liability, product makers are liable whenever a defective product causes harm to a consumer. If the product left the manufacturer’s control in a defective condition, it is not necessary to prove negligence or fault on the part of the manufacturer, just that the product was defective and caused an injury.

There are three main ways products may be considered defective: design defects, manufacturing defects, and failure to warn defects.

Design Defects – When a product is defectively designed, every single unit manufactured carries the defect, leading to the potential for thousands or millions of injuries unless the product is recalled and the problem fixed. Examples of design defects may be cars that explode on impact or rollover and cave-in at the roof, power saws without safety guides, or household appliances like irons built without automatic power shut-offs. Sometimes a simple safety feature would cost only pennies per unit, but manufacturers choose to save the money and fight injury lawsuits as they arise.

Manufacturing Defects – When a product is defectively manufactured, the defect may occur in only one unit, or it may occur in thousands of units until the problem is found. This can happen when the error occurs because of an incompetent worker or faulty machinery on the assembly line, or when substandard materials are used.

Failure to Warn – Products that can pose a danger must include clear warnings about the danger and instructions for their safe use. This includes household chemicals or industrial solvents that should be used in a well-ventilated area with gloves or goggles on, or products that should not be mixed with others, like certain cleaning supplies or medications. When product warnings are not clear and conspicuous, the product may be considered defective, with the manufacturer liable for injuries that result.