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Halpern, Santos & Pinkert, P.A. Attorneys at Law Florida Personal Injury Attorney
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Comparing Different Types Of Product Liability Claims

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Each year, thousands of Americans are injured by defective consumer products, from cars to household appliances to toys and power tools. When an injury occurs, victims often have a legal right to pursue a product liability claim against the manufacturer, distributor, or retailer. All claims are not alike, however. Product liability law recognizes three main types of defects that can give rise to a lawsuit. Those include: Design defects, manufacturing defects, and failure to warn.

Understanding the differences between these categories is critical for injured consumers. The type of defect often shapes the legal strategy, the evidence needed, and ultimately, the chances of a successful recovery.

Understanding design defects: A flaw in the blueprint

A design defect exists when a product is inherently dangerous due to the way it was conceived or engineered. In other words, even if the product was manufactured perfectly, the design itself makes it unsafe.

Examples include:

  • An SUV model prone to rollover because of a high center of gravity.
  • A space heater without an automatic shut-off, increasing the risk of fires.
  • A children’s toy with small detachable parts that create a choking hazard.

In these cases, the problem is not a one-off mistake in production, it’s a systemic flaw. Plaintiffs often need to show that there was a safer, reasonable alternative design available that the manufacturer could have adopted without sacrificing utility or affordability.

Manufacturing defects: Mistakes on the assembly line 

A manufacturing defect occurs when a product is designed safely, but something goes wrong during the manufacturing process, assembly, or quality control. Only certain units are impacted, not the entire product line.

Examples include:

  • A batch of car airbags with faulty inflators that rupture on deployment
  • A bicycle helmet that cracks too easily because of improper molding
  • A pressure cooker where a single lot left the factory with a defective sealing ring.

These claims usually turn on evidence like inspection reports, recall notices, and expert testimony. Victims should preserve the defective item to prove that the product deviated from its intended design.

Failure to warn: Inadequate instructions or warnings 

Even when products are well-designed and constructed, they can become dangerous when individuals are not adequately informed regarding how to handle them safely. A “failure to warn” case arises when entities are found to have lacked adequate warnings, directions, or safety labels.

Examples:

  • A power tool marketed with no forewarning regarding kickback risk
  • A non-toxic household cleaner without any clear warning when it is to be used with bleach.
  • A non-warning recreational scooter with respect to maximum weight capacity.

The law normally requires manufacturers to advise the public about non-obvious dangers a reasonable consumer would not expect. Accidents can be prevented with proper instructions. Without warnings, hidden in fine print, or unclearly expressed, liability can transfer to the manufacturer.

Talk to a Florida Product Liability Lawyer Today 

Halpern, Satos & Pinkert represent the interests of plaintiffs in product liability lawsuits filed against negligent companies. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

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