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Incorrect Usage Does Not Constitute A Defective Product


Unlike other countries, the United States is fortunate enough to have very aggressive, robust consumer protection laws to ensure that customers stay safe. One of these is the range of defective product laws in place to give wronged consumers a legal outlet for justice. If a product does not work as intended and results in an injury, that is considered illegal. You may have the option of going to court for a personal injury lawsuit due to a defective product.

In these situations, an injured victim would sue the company that manufactured the product. The lawsuit, however, is reliant on certain legal conditions being met as well as evidence. If many people are injured by this same design flaw, a class action lawsuit may occur.

Used As Intended

It’s important to remember that a defective product is only legally considered if the defect is inherent to its production or the way it was advertised. A product that is broken because of mishandling later in the distribution supply chain may not be the manufacturer’s fault. Similarly, a product that causes an injury may not be considered a defective product if the defect is not the fault of the manufacturer or if damage occurs due to improper use.

A simple example is a car in an automobile showroom. If it later has its brakes damaged by mechanics at a garage, it does not mean that the vehicle had a defect. In the same way, a can of aerosol causing burn damage to someone would not be considered a defective product if children were playing with it using a lighter to create a makeshift flamethrower. That is not how an aerosol product is intended to be used, so the resulting injuries cannot be said to have been caused by a design defect.

Three Signs To Watch Out For

You should think about talking to a defective product lawyer if you feel you have been victimized by one or more of the following factors:

Design Defect

This is when the product has a faulty design that results in injury. The infamous Ford Pinto car in the 1970s is an example of poor design that failed to protect the car’s fuel tank. This resulted in lethal explosions under certain conditions.

Manufacturing Defect

Sometimes the defect in a product comes up during the manufacturing stage. This means that not every product is affected, but many can be. In 1996, an unpasteurized fruit drink manufactured by the company Odwalla in California had a bad batch. Some of the juice distributed to stores contained the E. coli virus, resulting in 66 people becoming sick and a 16-month-old girl dying of the illness.

Marketing Defect

In some cases, an injury may arise as a result of false advertising. If a company makes claims about how a product performs and customers buy and use that product as advised, resulting in injuries, a lawsuit may be possible. Even if the product wasn’t intended to be used in such a manner, official marketing materials making incorrect claims provided poor consumer guidance that resulted in injuries.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Incorrect Usage Does Not Constitute A Defective Product

Goldman Babboni Fernandez
Murphy & Walsh




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