Miami Accident Lawyer Blog
There are multiple agencies under the umbrella of the federal government that investigate reports about defective products and enforce all relevant regulations. The US Consumer Product Safety Commission (CPSC) is tasked with maintaining an ongoing, up-to-date list of all products that have been recalled, either by government officials or voluntarily by the manufacturer. In recent weeks, some items on the list include snowmobiles, children’s clothing, furniture, and electronics. Many of these products are rendered dangerous because of problems with the manufacturing process.
However, there are numerous other consumer products that present a risk of harm because of issues when they were developed. In the practice of law, the problems with these items are considered to be design defects. They can cause serious injuries to users, so you should follow all manufacturer’s instructions regarding the recall. However, you should also contact a Miami design defects and product liability attorney if you were hurt.
Basics of Design Defects
When someone is injured by a defective product, their legal remedies arise from the area of law known as product liability. Manufacturers and other companies in the logistics chain have a duty to ensure that their products are safe for their intended use so they can be held accountable when they breach.
A design defect is one of three types of flaws that could lead to injuries for the unsuspecting end user. When there is a mistake in the blueprint that is the basis for creating the product, it affects all items that are created according that design. The other types of flaws are manufacturing defects and failure to warn, also termed labeling errors.
Strict Liability for Design Defect Claims
Though many personal injury cases are based upon the theory of liability known as negligence, the relevant concepts make it difficult for victims to prove their claim. Instead, most product liability cases proceed according to the theory of strict liability. With these cases, you do not have to prove fault as you would with a negligence case. You will need evidence showing that:
- The item was defective.
- The defect rendered the product dangerous for its intended purpose.
- You were injured when using the product according to its intended use.
Dangerous Drugs Claims
It may help to understand design defects by reviewing information on one of the most common claims in this category. Drugs are produced according to a detailed formula, and they are tested and reviewed as part of a vigorous safety process. When there are issues with the formula that have unintended effects on the person taking the drug, there may be a design defect claim.
A Miami Product Liability Lawyer Will Advise You
Whether you were injured because of a dangerous drug or other defective product with a design flaw, it is critical to get legal representation right away. For additional details about your legal options, please call Gerson & Schwartz, PA at (305) 371-6000 or via our website. We can set up a no-cost case review at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.