What is a defective product?
Consumers think of defective products as those that don’t work. But the law in Florida is much more specific: Defective products are those that are harmful to consumers.
There are three primary types of defective products in Florida. These are the possibilities:
1.) Defective design
In a defectively designed product, there is a flaw in the design. If a toy had a piece that a small child could detach and swallow, this would be a defective design.
Consumers must be reasonable in their use of the product. In other words, consumers should use it how the manufacturer intended. They could also use it in a way that the manufacturer foresaw.
Even with proper use, a defectively designed product will still be dangerous. In that case, the manufacturer may be liable.
2.) Defectively manufactured
A defectively manufactured product had a safe design. But, as the manufacturer was producing it, there was an error. If the error makes the product harmful, the manufacturer could be liable for a manufacturer’s defect.
As above, the consumer must use the product in a way that the makers intended or reasonably foresaw. If they hurt themselves, this could lead to a product liability claim.
3.) Failure to warn
In a failure to warn case, the issue is the manufacturer’s failure to give adequate warnings. This is also called a marketing defect.
For this type of defect, the consumer needs to show that a warning would have made a difference. Specifically, if a warning could have lowered or minimized the risk of injury, the manufacturer may be liable.