Consumers expect safe products and companies, product designers, manufacturers and distributors have a responsibility to design and manufacture safe products. Unfortunately, many of these consumer products can cause serious, catastrophic injuries. When a consumer is injured as a result of a dangerous or defective product they can hold the company or individual party liable for selling a product that they knew or should have know posed a risk to users of that product.
Product liability claims are often the result of defective designs (something in the design and is present in the product from the beginning), manufacturing defects (occurs during the course of assembly or manufacture), and/or marketing or advertising defects (failure to warn, improper labeling, or insufficient instructions).
Types of claims include defective medical devices (hip implants, mesh implants, breast implants, and heart valves), dangerous or defective medications and drugs, defective vehicles and auto parts (rollovers, airbags, and tires), defective workplace equipment, defective toys and child products (cribs, clothing, and child car seats), dangerous substances (pesticides and asbestos), dangerous food and cosmetics (contamination, lead, and bacteria) defective electronics and household appliances, and defective household products.
Minor Injuries can include scrapes, bruises, broken bones, and entrapment. Catastrophic injuries can include burns, electrocution, asphyxiation, crushing injuries, brain injuries, spinal cord injuries, and even death.
An individual or a group of people (class action) can seek the following product liability claims – negligence, strict liability or breach of warranty claim. With a negligence claim the injured party must show that the manufacturer failed to use reasonable care in the designing, manufacturing or labeling of the product which led to their injuries. With strict liability claims the injured party is only required to prove that a defect in a product exists that is unreasonably dangerous to the user or consumer and that an injury was sustained. Strict liability cases do not include second-hand purchases. Under breach of warranty claims, if a buyer can show that the seller made representations, or warranties, either expressly or implicitly about the quality of the goods and those representations are false, the buyer could win.
Tami Wolfe knows defective and dangerous product cases are highly complex. She has the experience and has successfully litigated product liability claims. She represents clients throughout South Florida including Davie, Fort Lauderdale, Plantation, Weston and Sunrise.