Compensation for Defective Products
Defective products are responsible for hundreds of thousands of injuries every year. From defective car parts to dangerous drugs to baby blankets, product defects are present in every aspect of our lives. Product makers owe a duty to only place safe products on the market, yet time and again manufacturers place their duty to their shareholders to make a profit ahead of their duty to public safety. When this occurs, the lawyers at the Law Office of J.J. Talbott, P.A. in Pensacola come to the aid of injury victims in all forms. We stand up for the rights of the consumer and are not afraid to take on the automotive and pharmaceutical giants of big industry. In Florida and Alabama, contact us when you or a loved one are harmed by a defective product.
Strict Liability for Product Defects
There are many different legal theories that can be explored to hold manufacturers liable for defective products, including breach of an express warranty, breach of an implied warranty, and negligence. Under one theory of liability, known as strict products liability, product makers are liable whenever a defective product causes harm to a consumer. If the product left the manufacturer’s control in a defective condition, it is not necessary to prove negligence or fault on the part of the manufacturer, just that the product was defective and caused an injury.
There are three main ways products may be considered defective: design defects, manufacturing defects, and failure to warn defects.
Design Defects – When a product is defectively designed, every single unit manufactured carries the defect, leading to the potential for thousands or millions of injuries unless the product is recalled and the problem fixed. Examples of design defects may be cars that explode on impact or rollover and cave-in at the roof, power saws without safety guides, or household appliances like irons built without automatic power shut-offs. Sometimes a simple safety feature would cost only pennies per unit, but manufacturers choose to save the money and fight injury lawsuits as they arise.
Manufacturing Defects – When a product is defectively manufactured, the defect may occur in only one unit, or it may occur in thousands of units until the problem is found. This can happen when the error occurs because of an incompetent worker or faulty machinery on the assembly line, or when substandard materials are used.
Failure to Warn – Products that can pose a danger must include clear warnings about the danger and instructions for their safe use. This includes household chemicals or industrial solvents that should be used in a well-ventilated area with gloves or goggles on, or products that should not be mixed with others, like certain cleaning supplies or medications. When product warnings are not clear and conspicuous, the product may be considered defective, with the manufacturer liable for injuries that result.
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J.J. and his staff have been wonderful assisting both myself and friends in a balcony collapse. We could not have made it through this process without them and I highly recommend them to anyone needing legal assistance. They explained every step of the process as we went through it and they definitely had our best interest at heart.Amanda M.
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The Law Office of J.J. Talbott and his assistant Holly were very good at working my case to get me the maximum amount of money that I was entitled to. J.J. always personally returned phone calls and explained to me in detail what we were doing along the way. Thank you so much for everything!Darcy C.
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I used J.J. and his team several years back. I was thinking of him and wanted to let him know how much I appreciated what he accomplished on my behave. I can strongly recommend J.J.’s firm. He is truly a client advocate. Thank you, J.J.!Jeff H.
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Recently I had a situation in which a low-quality roofing contractor would not pay me what was owed. I brought my case to JJ (he and I went to college together). I knew J.J. was a good guy. At the end of my case, which we won the full amount, J.J. sent me a transcript of his correspondence with the opposing counsel. I was able to read his interactions and understand clearly why we won. The case took a year to settle, these things do not happen overnight. My recommendation is to be patient and let the process play out naturally. You will be more satisfied with the service provided. JJ‘s team was awesome as well. Everybody responds to phone calls and emails. I really appreciated the timely correspondence. What I really appreciate is the low-quality roof contractor's stupidity and inability to be honest. They paid triple what they would’ve paid had they just been honest and paid me when I left. Some business owners are really dumb. Thanks J.J. and team. I appreciate you guys.Michael L.
FAQ: Compensation for Defective Products
What constitutes a defective product?
A defective product is one that causes harm due to a flaw in its design, manufacturing, or inadequate warnings. This includes anything from faulty car parts to dangerous drugs.
What is strict liability in product defect cases?
Strict liability means that a manufacturer can be held responsible for a defective product that causes injury, regardless of whether they were negligent. If the product was defective when it left the manufacturer's control, liability is established without needing to prove fault.
What are the three main types of product defects?
The three types of product defects are:
- Design Defects: Flaws inherent in the product design that affect all units produced.
- Manufacturing Defects: Errors that occur during the production process, affecting one or more individual units.
- Failure to Warn: Inadequate instructions or warnings regarding potential dangers associated with the product.
Can you provide examples of design defects?
Examples of design defects include cars that are prone to exploding upon impact or power tools that lack essential safety features. These defects exist in every unit manufactured.
How do manufacturing defects occur?
Manufacturing defects can result from errors by workers, faulty machinery, or the use of substandard materials. These defects may affect only a single unit or multiple units before being identified.
What is considered a failure to warn?
A failure to warn occurs when a product lacks clear and conspicuous instructions or warnings about its dangers, such as requiring protective gear or usage in a well-ventilated area.
Why should I choose the Law Office of J.J. Talbott for my product liability case?
Our firm specializes in product liability law, with extensive experience and a proven track record of successfully representing clients. We offer personalized service and a strong legal team dedicated to fighting for your rights.