Apr12

Is It Illegal to Sell a Defective Product in Florida?

defective product selling

When you go to the store or shop online, you expect the products you buy to be safe for you and your family to use. Unfortunately, some products make it to the marketplace with design flaws or manufacturing defects that can cause severe harm to unsuspecting consumers.

When an unsafe product causes an injury, the negligent manufacturer or distributor may be responsible for compensating you for your injuries. How do you know if you have a valid defective product claim?

Having a knowledgeable personal injury attorney who handles defective product cases review your injury and explain your legal options is a good first step.

Is It Illegal to Sell a Defective Product in Florida?

Manufacturers have a legal duty to design, make, and market products that are safe when used as directed and to warn of foreseeable risks of using the product. However, any errors or flaws in the design, manufacturing, or distribution process can result in a product that is unsafe.

If a defective product causes consumers harm, there usually won’t be grounds for criminal charges against the company, unless it is discovered that someone intentionally took steps to cause the product to injure others.

Most product defect claims are civil lawsuits that allow consumers who are injured by the defective product to hold the manufacturer accountable for the harm suffered. These lawsuits focus on the area of law known as product liability. People injured by defective products can use the legal system to seek compensation.

Legal Remedies for Defective Products

The process generally starts with filing a civil lawsuit in state or federal court.Product liability claims can help victims seek compensation for injuries they sustained from defective cars, unsafe prescription medications, power tools, children’s toys, kitchen appliances, medical devices, or other unsafe products. Holding companies accountable for an unsafe product is challenging and requires an experienced attorney.

Proving Fault in a Product Liability Case

product liability claim

Product manufacturers and distributors may be held financially liable when a defect in their product can be proven to have caused an injury.

Product liability claims generally address three major types of defects:

  • Defective design. There is a flaw in the design of the product itself that made the product unsafe to use as intended. Design defects impact an entire product line.
  • Defective manufacturing. Manufacturing defects occur during the manufacturing process and can be caused by machinery malfunctions or substandard manufacturing processes that put consumers at risk. These defects may only affect certain product batches.
  • Defective marketing. This happens when a company does not include adequate warnings about known or foreseeable risks of using the product.

Florida product liability law makes manufacturers strictly liable for product defects that cause injury during normal use.

When bringing a product liability lawsuit, you will need to establish that the product is defective and that you suffered significant injuries and financial losses because you used the defective product.

Contact Our Florida Product Defect Lawyers Today

At Chiumento Law, PLLC, our Florida product defect attorneys help people who have been seriously injured by unsafe products. We have the knowledge and resources to investigate complex product liability cases and hold large manufacturers accountable when their products cause people harm. We are a full-service law firm committed to helping Florida residents who have been harmed by defective products seek fair compensation. For a free case evaluation with a defective product attorney, call us or reach out to us online.

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