When we buy products, we expect them to be, and have a right for them to be, safe to use. If they are not, the injuries they cause can be significant, and not to mention costly. Manufacturers have a duty to design their devices so that they are not dangerous to consumers. When they fail to provide a safe design, they are responsible for the injuries that result. The product liability attorneys at the Law Offices of Robert Dixon represent consumers in the Miami region who have been injured by products with a design defect. Our firm helps clients in Broward, Palm Beach, and Miami-Dade Counties, among other areas, seek the compensation to which they are entitled for injuries caused by a flawed product.
Design defects happen when there is an inherent flaw in a product’s design that is dangerous to its users. The defect is not found in just one particular item, but rather all units of the product that were manufactured. To show there has been a defect in a device’s design and succeed on a product liability claim against a manufacturer, an injured victim must prove that:
- The design was unreasonably dangerous before manufacturing;
- This danger was evident based upon an ordinary consumer’s use of the product, both as intended or as reasonably foreseeable by a manufacturer; and
- A manufacturer could have used a superior, reasonably cost-effective design.
Many different products are susceptible to a design defect, from a car’s electrical system that malfunctions to a coffee maker that overheats coffee and causes serious burns. Depending on the type of accident that occurs, and the kind of injury sustained, various parties could be held liable for damages. For instance, a plaintiff would need to prove that it was the malfunction in a car’s electrical system, as opposed to driver error, that was the cause of an accident and subsequent injuries.
Drivers know that operating a vehicle comes with some inherent risks. However, we expect our cars to adhere to certain safety standards and be free from defects that make them unreasonably dangerous. If a manufacturer fails to provide a safe vehicle, it should be held accountable for injuries that result
Federal Motor Vehicle Safety Standards
Under the Federal Motor Vehicle Safety Standards, all cars must meet specific minimum performance requirements regarding certain parts that are imperative to ensuring a vehicle’s safety, including tires, brakes, airbags, seatbelts, and lights. These standards apply to both vehicles and parts manufactured in the United States as well as those imported into the country for use. Sometimes car manufacturers will put their financial bottom line ahead of consumer interests and use sub-par parts or poor assembly practices to manufacture their vehicles. These cost-cutting measures can result in dangerous defects, such as airbag malfunctions, engine problems, and other flaws that can cause significant injuries to drivers as well as other motorists, even in a minor collision.
Asserting Your Rights Against Manufacturers
A manufacturing defect occurs when there is a mistake in a vehicle’s or part’s assembly. These flaws are apparent only in a select number of products, such as a certain year, make, or model of a car, or they could affect vehicles or parts that were produced in a specific location. Makers are strictly liable for any defect that is a result of the manufacturing process, regardless of any precautionary measures that may have been taken. To establish liability for a manufacturing defect, an injured person needs only to show that the defect was present at the time the vehicle left the maker’s control, and that it was the cause of the harm. For instance, if a driver suffers burn injuries as a result of a defective airbag, the manufacturer would be held liable if it is shown that the airbag contained the flaw when sold to the consumer.
Manufacturers are strictly liable for injuries caused by a product’s design defect once a showing has been made that the item was unreasonably dangerous at the time it left their control. Strict liability means that a company is liable for damages regardless of the care it took. When the theory of strict liability is not allowed, such as in instances when a consumer has bought a defective product in a second-hand market, a plaintiff may base his or her claim on a manufacturer’s negligence. Under this legal theory, the plaintiff must show that the defendant breached its duty to exercise reasonable care in placing the product on the market, and that this breach caused the plaintiff’s injuries.
People injured by a defective vehicle may be entitled to damages in a product liability claim. Compensation that may be recoverable includes the value of a vehicle or repairs, medical expenses, loss of income or earning capacity, and pain and suffering. Timing is important in pursuing these claims, since the statute of limitations in Florida is four years from the date of the accident. If you do not bring a lawsuit within this time window, you probably will find that your right to compensation is barred. Product liability claims often require thorough and sometimes technical investigation and testimony. Consulting a knowledgeable attorney can be vital to asserting your rights.
In Florida, all product liability lawsuits must be filed within four years from the date that the harm occurred or should have been discovered. Given the complex and sometimes technical nature of design defect cases, consulting a knowledgeable lawyer is important to ensuring your claims are handled properly and your legal rights are preserved.
A manufacturer that puts an unsafe product on the market, despite its ability to provide a less dangerous alternative, should be held liable for harm it causes to consumers.
