Types of Product Liability Claims

In today’s world, we all rely on products made and sold by various manufacturers to help us prepare our meals, clean our homes, treat our health conditions, and travel around town.

As consumers, we rely upon the companies that manufacture these products to warn adequately of any hazards associated with using the product.

Unfortunately, some products have hidden defects or design flaws that cause serious injuries to consumers.

If you have suffered injuries and related losses due to a defective product, you may be entitled to seek compensation from the manufacturer. You shouldn’t have to bear the costs of injuries caused by an unsafe product.

At Chiumento Law, PLLC, our dedicated attorneys have nearly 50 years of experience serving injured people throughout Palm Coast and Ormond Beach, Florida.

Call us at (386) 445-8900 or contact us online for a free initial consultation with a knowledgeable attorney. Learn how we can help you hold negligent manufacturers accountable and recover fair compensation.

What Is a Product Liability Claim?

In a product liability claim, a manufacturer, distributor, or seller of a consumer product is held responsible for any injuries their product causes to users. Product liability laws in the U.S. help American consumers hold negligent manufacturers accountable and pursue fair compensation for their injuries and related losses.

When a defective or dangerous product injures a consumer or a manufacturer fails to provide adequate warning of hazards related to the product, any party involved in the manufacture or distribution of the product may be legally liable. 

Types of Product Liability Claims

Product liability claims involve products that are unsafe for use. However, there are generally three main types of product liability claims. Each of the following types of product liability claims is defined by the underlying reason that the product is dangerous:

• Design defects – Design defect claims involve products that are sold by manufacturers despite dangerous flaws that occur during the design process. A defective design means an entire line of products is inherently unsafe, even if all items are manufactured and labeled properly. Examples include prescription drugs with dangerous side effects, power tools without proper safety guards, and cars with design flaws that make them prone to rollover accidents. 

• Manufacturing defects – Manufacturing defect claims involve products that are unsafe because of errors or flaws that occur during the manufacturing process. Manufacturing defects may affect only a single product or an entire batch of products made in the same location. Examples include medications that are contaminated by toxic substances and cars that are assembled with defective airbags.

• Inadequate warnings or instructions – Inadequate warning or instruction defect claims involve products that are sold without proper warning labels or instructions for use. Inadequate warnings or instructions can be dangerous if users are not aware of the innate risks or hazards to look out for when they use a particular product. Examples include drugs without proper warning labels about possible side effects.

Common Types of Defective and Unsafe Products

At Chiumento Law, PLLC, our legal team handles product liability cases involving the following types of defective products:

• Vehicles with defective parts, such as airbags, brakes, and seatbelts
• Children’s toys with small parts and missing or inadequate warning labels
• Medical devices such as defective implants, surgical mesh products, and other equipment
• Medications such as cancer drugs and over-the-counter drugs
• Household appliances, including hazardous electrical devices
• Cleaning products with caustic or poisonous chemicals and/or improper labels
• Industrial equipment or machinery with defective parts or poor instructions

Elements of a Product Liability Claim

To seek compensation for your injuries in a product liability claim, you will need to demonstrate the existence of the four following elements:

• The product caused you to suffer an injury or other loss – If you have not actually suffered harm from using the product, you do not have grounds for a product liability claim.

• The product that caused your injuries was defective – You must prove that the product that caused your injuries had some type of defect that made the product dangerous, such as a design flaw, manufacturing defect, or missing warning labels.

• The product’s defect was the direct cause of your injuries – To have a claim, you must be able to demonstrate the product’s defect was the cause of the injuries or losses you sustained.
• You were using the product as the manufacturer intended – Finally, you must prove that you were using the product as the manufacturer intended or in a manner that other ordinary consumers might use it.

Compensation for a Product Liability Case

With a product liability claim, you may be entitled to seek compensation for the following types of injury-related losses:

• Medical expenses – The costs of any medical care you require to treat your injuries.

• Lost wages – The value of any wage losses you incur as a result of the time you miss at work while you recover from your injuries.

• Pain and suffering – The extent of the bodily pain and emotional suffering you endure as a result of your product-related injuries.

• Lost quality of life – The costs of losses in your overall quality or enjoyment of life caused by product-related injuries or permanent disfigurement.

• Punitive damages – A special type of compensation awarded in rare cases involving manufacturers who behaved in a grossly negligent or intentionally malicious manner. Punitive damages are intended to punish wrongdoers and discourage similar behavior in the future.

How Long Do I Have to File a Product Liability Lawsuit?

If you suspect you may have grounds for a product liability lawsuit, you should consult a lawyer to discuss the matter as soon as possible. 

Under Florida law, any product liability lawsuit filed in civil court must be brought within four years of the date when the injury occurred. If you file a lawsuit after the four-year deadline, the court will dismiss your case, and you will lose your right to demand compensation.

However, if you did not discover the injury immediately when it occurred, you may be allowed more time to file a product liability case. In most cases, lawsuits must still be filed within 12 years of the date of the initial purchase of the product.

Contact a Product Liability Attorney Today

The Florida product liability attorneys of Chiumento Law, PLLC, can review the details of your situation and explain your legal options during a free initial consultation. Call us at (386) 445-8900 or contact us online to learn more.