Product liability cases involved a product that suffers from some sort of defect. That defect makes it dangerous and causes injury or death to the user or a third person. From a general perspective, product liability cases are the result of a manufacturing defect or a design defect.

 

Problem With Manufacturing

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A manufacturing defect is a defect that is unique to the particular product in question. As such, a product with a manufacturing defect may be the only one of its kind or may be part of a bad batch of products to come off the assembly line. That manufacturing defect exists at the time the product is sent out for distribution and sale.

 

Problems with Product Design

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On the other hand, a design defect is a problem with the way the product is designed. In other words, a product with a design defect is made to the manufacturing specifications without a problem. With a design defect, the theory of the case is essentially that a part of the product was inadequately designed for its intended use or that warnings or information provided by the manufacturer were inadequate. For example, if the blade of a lawnmower is made out of steel that is too brittle, then it is a design defect (rather than a manufacturing defect) that the type of steel used was brittle and can break apart causing serious injury or death when it breaks spreading shrapnel. By analogy, if that same steel lawnmower blade were part of a bad batch where the steel was allowed to cool to quickly and a microscopic crack formed in the surface, that defect would be considered a manufacturing defect as opposed to a design defect. Likewise, another design defect might be that the lawnmower blade needs to be installed with a lock nut as opposed to a standard nut. For purposes of the discussion, if a lock nut is not used to secure the blade, then a possibility exists that the blade could come off during the vibration of operation and caused significant injury or death. That is the type of situation where an adequate warning needs to be placed on the product itself to prevent people from misusing the product. In that situation, the manufacturer is able to reasonably foresee that someone will get in a pinch and misuse the product. The purpose of the warning is discourage people from doing something dangerous where the danger might not be obvious.

 

Product liability cases are frequently decided on a strict liability theory. The retailer is also usually named as a defendant in such cases due to legal authority subjecting liability to those who place dangerous products into the “stream of commerce.”

 

If you or a loved one in the Lakeland or greater Central Florida area has suffered an injury due to a dangerous or defective produce, please contact a Lakeland product liability attorney for free advice regarding the case. Product liability attorneys operate from a contingency fee agreement which means that there are no attorney fees or costs unless money is recovered on your case.