Miami Product Liability Lawyer - Holding Manufacturers Accountable for Dangerous Products

Florida product liability law recognizes three distinct types of defects that can give rise to a claim. Understanding which type applies to your case is essential to building a strong claim.

Design Defects

A design defect exists when the product's design is inherently dangerous or defective - meaning every unit of the product carries the same risk, even when manufactured exactly as intended. To establish a design defect, you generally must show that a safer, economically feasible alternative design existed that the manufacturer failed to adopt. Examples include vehicles with a high rollover risk due to a top-heavy design, power tools without adequate safety guards, and children's products with small detachable parts that pose choking hazards.

Manufacturing Defects

A manufacturing defect occurs when a specific unit or batch of products deviates from the intended design due to an error in the manufacturing process. The product's design may be perfectly safe, but something went wrong during production. Examples include a batch of tires with weakened sidewalls due to a rubber mixing error, a metal bracket that was not properly welded, or contaminated pharmaceutical products.

Marketing Defects - Failure to Warn

A marketing defect (also called a "failure to warn") occurs when a manufacturer fails to provide adequate warnings, instructions, or safety information about known risks associated with the product. Even a well-designed and properly manufactured product can be unreasonably dangerous if consumers are not warned about specific risks. Examples include prescription drugs without adequate warnings about dangerous side effects, cleaning chemicals without proper hazard labels, and power equipment without clear operating instructions.

Defective product cases span virtually every consumer category. Our attorneys handle claims involving:

• Motor vehicles and vehicle components - Defective airbags (including Takata recalls), faulty brakes, defective tires, seatbelt failures, accelerator defects, and rollover-prone vehicle designs
• Medical devices - Defective hip and knee implants, surgical mesh, pacemakers, IVC filters, and other implanted devices that fail or cause adverse reactions
• Pharmaceutical drugs - Dangerous side effects that were not adequately disclosed, contaminated medications, and drugs that should have been pulled from the market
• Consumer electronics - Lithium-ion battery fires and explosions in smartphones, laptops, e-bikes, and e-scooters. These products can cause severe burn injuries
• Children's products - Toys with choking hazards, defective car seats, cribs with entrapment risks, and products containing toxic materials
• Household appliances - Defective space heaters, pressure cookers, washing machines, and electrical equipment
• Power tools and industrial equipment - Saws, grinders, and heavy machinery lacking adequate safety guards

Preserving the Defective Product

If you have been injured by a defective product, preserving the product is critical. The product itself is often the most important piece of evidence in your case. Do not throw it away, return it to the retailer, repair it, or alter it in any way. Store it safely, photograph it from multiple angles, and keep all packaging, receipts, manuals, and warranty information. If the product was involved in a vehicle accident or was seized by authorities, your attorney can take legal steps to preserve it.

Our Miami personal injury lawyers work with product safety engineers and industry experts to analyze defective products and build strong cases. We also handle related catastrophic injury and workplace injury claims.