Product Liability Lawyer
Cape Coral, Fort Myers, Lee County, Florida
Defective Product
Dangerous and defective products injure and kill thousands of people a year. We take it on faith that when products reach the market, they are safe and have been tested for any type of problem. When a manufacturer does not design a product safely or manufactures flaws into it, or fails to take action and warn the public that the product could be harmful, the results are often tragic. The injuries suffered by the public include burns, brain injuries, paralysis, illness, amputations, loss of senses, and even death.
Products are considered defective if there is a high chance that using it will result in an injury, or is generally dangerous. There are many products that have already been labeled as dangerous, and their uses span the gamut of consumer items. Some of the more common ones are:
Defective Automobiles
- Seatbelts – Latching or unlatching improperly, or breaking
- Airbags – Failing to deploy and inflate during an accident, or deploying while driving
- Infant restraints and child car seats – Failing to restrain children properly, or breaking
- Seat backs – Collapsing during a collision
- Tires – Tread separation, uneven tread wear, bead fracture or failure
Drugs and Medicine
- Pharmaceuticals – contraceptives, drugs, contact lens solution, contaminated syringes, inhalers
- Implantable devices – heart valves, catheters
- Devices such as defibrillators
Children
- Toys – rockers, lead tainted toys
- Products aimed at children and infants – baby formula, cribs, pharmaceuticals
Equipment
- Tools – nail guns, chainsaws, generators
- Farm machinery – tractors, bailers
- Ladders
In cases where an injury or death occurred, the manufacturer should be held accountable. However, depending on the defect, there are different parties that may be responsible. The product may have become defective during the manufacturing or parts or assembly, packaging, while it was with the wholesaler, or while it was with the retailer.
Because of this, there are different ways in which a product liability claim may be brought. These include breach of warranty, strict liability, and negligence. In each case, if you, or a loved one, have been injured by a product while using it for its intended purpose, it can be shown that the manufacturer or other parties was either negligent or breached the warranty. The type of claim you have will be thoroughly investigated to give you the best chance for compensation.
If you believe that your injuries, or those of a family member, were caused by a defective product, please contact Lusk, Drasites, Tolisano & Smith, P.A. We serve the communities of Cape Coral, Fort Myers, and Lee County, Florida, and would be happy to discuss your claim and offer legal guidance.
