People expect the products they purchase to work safely when used as intended or in a reasonably foreseeable way. However, a problem with the product’s design, production, or safety information can sometimes cause serious injuries. When that happens, understanding what went wrong can be an important part of evaluating your legal options.
A Fort Lauderdale product liability lawyer can review the product, how it was used, the circumstances of the injury, and the available evidence to determine whether a product defect may have contributed to the harm.
Was the Problem Built Into the Product’s Design?
Some injuries occur because the product was planned or engineered in a way that creates an unreasonable safety risk. In these situations, the finished product may be manufactured exactly according to its specifications, but the underlying design can still present a danger.
For example, a product may have a structural weakness, an unsafe feature, or a configuration that creates a foreseeable risk of injury. Evaluating a potential design issue may require examining the product itself, technical information, alternative designs, and other evidence.
Florida law also provides that, in certain defective-design cases, the state of scientific and technical knowledge at the time the product was manufactured may be considered. Florida Statute §768.1257
Did Something Go Wrong During Manufacturing?
A product can also become dangerous because the particular item was not made according to its intended specifications. The overall design may be safe, but an error during production can affect one item, a group of products, or an entire batch.
Possible problems can involve incorrect components, damaged parts, contamination, assembly mistakes, or inadequate quality control. In these situations, preserving the product can be especially important because examining the actual item may help show what happened.
Photographs, purchase information, packaging, maintenance records, and other evidence related to an injury claim may also help establish the circumstances surrounding the incident.
Was an Important Warning or Instruction Missing?
Not every dangerous product has an obvious physical defect. Sometimes the issue involves information that was missing, unclear, or inadequate.
A product may carry risks that users cannot reasonably recognize without proper instructions or warnings. If important safety information was not provided, or the instructions failed to address a foreseeable use or hazard, that information may become relevant when examining a potential claim.
The circumstances matter because the injury must be connected to the alleged defect or inadequate warning. A Fort Lauderdale product liability lawyer can review available product information and other records to understand whether the warning or instructions were sufficient for the situation involved.
What Evidence Can Help Identify the Defect?
Product liability cases can require more than simply showing that someone was injured while using a product. The product itself, photographs, receipts, packaging, instruction manuals, warning labels, medical records, witness accounts, and other documentation may help explain what happened.
It can also be useful to identify the companies involved in making, distributing, or selling the product. Depending on the circumstances, more than one party may need to be considered.
Florida law also addresses circumstances involving compliance with certain government requirements. When applicable requirements were followed, the statute provides a rebuttable presumption concerning whether the product was defective; noncompliance can create a different presumption. Florida Statute §768.125
How Can a Product Defect Affect Your Claim?
The type of defect can influence what evidence needs to be examined and which parties may be involved. Injuries may lead to medical expenses, lost income, reduced earning ability, pain, or other losses depending on the circumstances.
Jacobson Injury Firm provides information about economic and non-economic damages that may be relevant in Florida injury claims.
A Fort Lauderdale product liability lawyer can review the available information, consider how the product may have contributed to the injury, and explain the legal options that may apply. Attorney Adam Jacobson can also discuss the circumstances of your case during a free consultation.
Frequently Asked Questions
What are the main types of product defects?
Does an injury automatically mean a product was defective?
Should I keep the product after an injury?
Can more than one company be responsible?
Potentially. Depending on the facts, responsibility may involve a manufacturer, component maker, distributor, retailer, or another party.
Discuss Your Product Injury
A defective product can create unexpected physical, financial, and personal challenges. Understanding how the product may have caused the injury can help you make informed decisions about your next steps.
Jacobson Injury Firm offers a free consultation to discuss your situation. A Fort Lauderdale product liability lawyer can review the available information and explain what legal options may be available based on the circumstances of your injury.
