What Makes A Product Legally Defective?

If a defective product causes you an injury or damages your property (including the product itself), you may be entitled to compensation from the manufacturer, the seller, or another entity along the product line. However, a product can work as intended and still lead to an injury, and if that happens then the manufacturer isn’t responsible for what happened. So what are the rules that decide when a product is defective and when it’s not?

Warning Labels


Many products come with warning labels attached to the product itself, printed on the packaging, or else written in the owner’s manual. These warnings and instructions tell you how to use the product correctly and how to avoid dangers. For instance, a leaf blower might come with instructions that tell you how to remove the nozzle to inspect the fan and a warning to only perform this inspection when the blower isn’t plugged in. If the leaf blower turns on as you check the fan and it slices your fingers because you forgot this warning, the manufacturer isn’t liable.

Common-Sense Dangers


Knives don’t come with warning labels attached because almost every adult understands that sharp knives can cut fingers and hands. You can’t hold the knife manufacturer responsible if someone misuses an obviously dangerous object and hurts themselves or uses it to attack someone else. A vehicle is dangerous because it moves at high speeds and can hit pedestrians, but everyone who drives a car has to have a license and should know how to operate it safely. Some products are inherently and obviously dangerous, and it’s the user’s responsibility to avoid hurting anyone with it.

Design Faults


Sometimes a product doesn’t do what it’s supposed to because the inherent design is flawed. For instance, the infamous exploding Samsung Galaxy phones caused their batteries to overheat and burst into flames apparently at random. Samsung initially blamed the batteries and replaced them, but when the new batteries also started bursting into flames the company recalled the phones entirely. The phones created a hazard when they were supposed to be safe, so the manufacturer is responsible for the damage they cause.

Manufacturing Faults


Sometimes a product is safe and functional in theory, but during the manufacturing process something goes wrong and the consumer is at risk. If a knife is supposed to be stainless but starts to rust because the steel manufacturer mixed the alloy wrong, then the manufacturer is responsible for the damaged knife. You also sometimes see lettuce and other fresh produce cross-contaminated with salmonella, and if that happens the distribution company that caused the cross-contamination is responsible for the illnesses that the contaminated produce causes.

False Advertising


Sometimes a product is perfectly good at performing one kind of task but its advertising says it can do something else. If the product can’t do the other thing and consumers buy the product for the second job, then they can sue the manufacturer for false advertising. Volkswagen famously insisted that its diesel passenger cars were better for the environment than regular gasoline cars, but when watchdogs discovered the cars were faking their way through emissions tests their customers were entitled to compensation.

Not every accident or injury involving a consumer product happens because of a defect. Still, if a product is defective then the consumer who bought it deserves compensation for the product’s value and for any injuries and damages the product causes. And if that product causes damages in southwest Florida, then the team to call is Goldman, Babboni, Fernandez, and Walsh. Our legal team helps individuals get the compensation they deserve, so contact us today for a free initial case review.


 

Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

Get Your Free Case Review

Fill out my online form.

Law Offices Near You

Sarasota Office

Sarasota

941-954-1234

3550 S Tamiami Trail, 3rd Floor Sarasota Florida 34239

Bradenton Office

Bradenton

941-752-7000

5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg

727-381-9200

6446 Central Avenue St. Petersburg Florida 33707

Venice Office

Venice

941-496-9555

3986 S. Tamiami Trail Venice Florida 34293

Englewood Office

Englewood

941-474-4800

2960 S. McCall Rd Englewood Florida 34224

Port Charlotte Office

Port Charlotte

941-613-1141

3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office

Arcadia

863-494-0122

10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers

239-332-0770

8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office

Lakeland

863-683-5600

5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.


 
×