Jay M. Fisher P.A. - Defective Products

Jay M. Fisher, P.A.
875 Concourse Parkway South
Suite 195
Maitland, Florida 32751
Telephone: 407-628-3015
Fax: 407-628-3909
Email: jmfpa@jaymfisherpa.com

Practice Areas

Defective Products

Each year millions of products are put on the market. Some of these products are unsafe, dangerous, or even defective and can be potentially harmful to the consumer. A product that is defective can severely injure a person. In 2005, the U.S. Consumer Product Safety Commission reported that toys alone caused an estimated 200,000 injuries due to defects.

A product may be defective in a couple different ways. There are manufacturing defects, design defects, and warning defects. A manufacturing defect happens when a product doesn’t comply with the manufacturer’s design and specifications. This is usually the result of an error in the manufacturing process. A design defect is a product that does match up with the manufacturer’s design and specifications, but the design itself is actually faulty. In this type, the whole line of products would be defective. A warning defect is a problem with the manufacturer’s warning. Manufacturers and sellers have a liability to warn us about the dangers of a product. If they fail to warn us or don’t make the warning clear and put it in a visible place, then they are at fault for the harm a product has caused.

Who is liable?

Defective Product claims require a lot of research in determining who the responsible party(s) is for putting out the defective product. Depending on the nature of the defect, the party held responsible can include any of the following:

	•	Manufacturer
	•	Parts Manufacturer
	•	Assembling Manufacturer
	•	Packaging Company
	•	Wholesaler
	•	Retailer

In addition to determining the responsible party(s) in a defective product case, an attorney will decide what type of case you have. Defective Product cases are typically based on three theories. The first is negligence. In a negligence case, the person must prove that the company was careless in producing the product and that its negligence is to blame for the injuries. The second type is strict liability. Strict liability allows a person to recover damages without proving that that the company was negligent. If the company placed a defective or unreasonably dangerous product on the market, and injuries were caused from it, then that alone is enough. Lastly, there is breach of warranty. This is typically defined by the manufacturer breaching a contact with the purchaser by producing a product that was not fit for the purpose for which it was sold.

What to do if you are injured by a defective product:

	Get Medical Attention.
		This is important even if you are unsure of the injuries you might have. Seeking medical attention will give you a better idea of the extent of your injuries.
	Preserve the Product.
		It is important to call an attorney before taking your product to any outside parties. It serves as valuable evidence and must be preserved to show it was in fact defective.
	Compile All Product Documentation
		Find any and all documents in your possession regarding your product. Receipts, warranty information, date of purchase, name of retailer, and name of manufacturer can all be helpful in determining the extent of the defective product.

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