Tampa Product Liability Lawyers

Who Can You Sue for Product Liability?

Three parties could be liable for a product defect that caused you to suffer an injury:

• Manufacturer: The company that designed and made the defective product is usually the party that is the most liable when something goes wrong. Strict liability laws for defective product cases make it difficult for product manufacturers to completely escape liability, even when it appears that the consumer might have been misusing the product when they were hurt.
• Distributor: A product distributor is a third-party company that moves a product from its manufacturing site to where it will be sold. Shipping companies can become liable for a product defect if a mistake during the shipping process caused that defect. For example, if food products spoiled because the distributor’s refrigerated truck was not working properly, then the distributor would likely be liable.
• Vendor: The vendor is the company that sells the product to the consumer or the general public. Some products can become dangerous due to a vendor’s mistakes, which puts liability on that vendor. For example, a retail store takes a power tool out of its original packaging so more can fit on the shelf, but this means that consumers don’t get a full list of package warnings. The vendor could be liable if a consumer gets hurt because they didn’t know the dangers of the power tool.

Our job as your Tampa product liability attorneys will be to figure out how many parties can be named as defendants in your case. If there are multiple liable parties, then there will be multiple insurance policies to file against, which can help improve the likelihood of you receiving a full and fair amount of compensation.

What are Three Types of Product Defects?

Product defects usually come in one of three forms:

• Design: A design defect is an issue with a product’s design or concept that makes it inherently unsafe. For example, designing an oven mitt to be made out of a thin material that rapidly transfers heat will be inherently dangerous for use, and the product should never be made in the first place. If one product has a design defect, then all others in that product line will, too.
• Manufacturing: Manufacturing defects make up most product defects that impact consumer products. They involve a mistake that happens while the product is being manufactured. For example, a bookshelf is accidentally shipped with the wrong size nails, making it prone to collapse. Manufacturing defects usually affect only a small portion of an overall product line, like one batch of products that were made on a certain day.
• Marketing: When a product has been marketed incorrectly or untruthfully to consumers, and someone gets hurt because of that marketing, then the product is defective by marketing. For example, a company markets its new kitchen knife as safe to the touch, but it is still sharp enough to cause immediate lacerations. The marketing is untrue and overtly dangerous in this example, so the product maker should be liable for any harm suffered by consumers.

Common Types of Defective Products

Defective products can encompass a wide range of items across various industries. Here are some common categories of defective products:

• Auto Parts: Defective auto parts can include faulty brakes, airbags, tires, steering components, or electrical systems. These defects can lead to accidents, injuries, or even fatalities.
• Medical Devices: Defective medical devices can include items such as pacemakers, hip implants, surgical mesh, or insulin pumps. Malfunctions in these devices can lead to serious health complications or even death.
• Pharmaceutical Drugs: Defective pharmaceutical drugs may include medications that are contaminated, improperly manufactured, or have undisclosed side effects. Such defects can result in adverse reactions, illness, or worsening of medical conditions.
• Household Products: Household products like appliances, electronics, furniture, or children's toys can be defective due to design flaws, manufacturing errors, or inadequate warnings. These defects may cause fires, electrocutions, or other hazards.
• Children's Products: Defective children's products may include toys with small parts that pose choking hazards, cribs with malfunctioning parts, or car seats with faulty harnesses. These defects can lead to injuries or fatalities among children.
• Consumer Electronics: Defective consumer electronics such as smartphones, laptops, or chargers can pose risks such as fires, electrical shocks, or explosions due to battery malfunctions or design flaws.
• Food Products: Defective food products can include items contaminated with bacteria, foreign objects, or allergens not properly labeled. Consumption of such products can lead to foodborne illnesses or allergic reactions.
• Cosmetics and Personal Care Products: Defective cosmetics or personal care products may contain harmful ingredients, cause allergic reactions, or be improperly labeled. These defects can result in skin irritations, burns, or other health issues.
• Construction Materials and Equipment: Defective construction materials or equipment like scaffolding, ladders, or power tools can lead to accidents or injuries at construction sites due to structural weaknesses, design flaws, or improper assembly.
• Chemicals and Hazardous Substances: Defective chemicals or hazardous substances can pose risks to both consumers and the environment, leading to pollution, contamination, or health issues if not properly handled or labeled.

Free consultations are available – dial (813) 993-1448.