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Defective Product Liability

Osterhout Berger Daley > Practice Areas  > Personal Injury > Defective Product Liability

Every day, countless consumers purchase and use a wide range of products, from household appliances to vehicles, toys, and more. The unspoken contract between the manufacturer and the consumer is that these products will function as intended without causing harm. Unfortunately, this isn’t always the case. When a product causes injury due to its defects, the legal concept of “defective product liability” comes into play.


Types of Defective Product Claims

Design Defects

As touched upon earlier, design defects are inherent flaws in a product’s blueprint. Even if perfectly manufactured, these products are inherently dangerous. For instance, a model of a chair designed with a weak support might break under average weight, causing injury.

Manufacturing Defects

Manufacturing defects are not faults of the design but rather errors that occur during the product’s creation or assembly. For example, a kettle might have been designed safely, but due to a manufacturing oversight, one batch might have loose handles, making them dangerous.

Marketing Defects

Products need to come with appropriate instructions and warnings. If a company fails to provide adequate directions or doesn’t warn about the product’s potential risks, they can be held liable. An example would be a chemical cleaning agent sold without warning labels about its corrosive properties.


Proving Liability in Defective Product Cases

To successfully claim compensation for injuries caused by a defective product, the injured party typically needs to demonstrate:

  • The product was defective.
  • The defect existed prior to the manufacturer releasing it.
  • The defect directly caused the injury in question.

It’s important to note that product liability laws can vary between states, and the challenge often lies in proving that the product was indeed defective and that it directly led to the injury.


Contact Osterhout Berger Daley

Confronting large manufacturers or corporations can be daunting. They often have vast resources and legal teams ready to defend their interests. But you have the right to safety and deserve compensation if a defective product has harmed you. At Osterhout Berger Daley, our seasoned attorneys have the expertise and commitment to stand by your side. Serving Florida, we ensure that your voice is heard and your rights are protected. If you or a loved one has been injured due to a defective product, contact us today. Let us be your guide and advocate in seeking justice.

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