What Are the Types of Defective Product Liability Claims?

Reports | June 3, 2025 | Personal Injury

Whether you’re a consumer in Orlando, Florida, or elsewhere, you trust that the products you buy are safe. Unfortunately, this is not always true. Faulty products can cause serious harm, leaving you with medical bills, lost income, and pain. 

It’s essential to know your rights and options. 

Knowing about the types of defective product liability claims can help you decide how to move forward if a defective product has injured you. Defective product liability cases involve different claims depending on how the product caused harm. 

Each claim focuses on a specific issue, like how the product was designed, made, or marketed. We’ll explore these in detail to give you an idea of what they include.

Design Defects

Some products are dangerous long before they’re manufactured. A design defect means the product was flawed from the very beginning because of how it was planned or created. 

Even when manufactured correctly, these products are unsafe due to their design.

For example, if a car has a braking system that doesn’t work in certain conditions, this is a design defect. The flaw exists in every unit of the product because the problem is built into the blueprint. 

Other examples include:

• Toys designed with small, detachable parts that pose choking hazards for children.
• Furniture, like dressers, that lacks proper stability and tips over easily.
• Electrical appliances that overheat due to poor airflow in the design.

Consumers who suffer injuries from these types of products may file legal claims based on defective design. To succeed in a case like this, you often need to prove that the risks of the design outweigh its benefits and that safer alternatives were available.

Common Issues in Design Defect Cases

When considering these claims, lawyers often investigate whether the manufacturer took steps to ensure consumer safety. 

Here are some key questions they may ask:

• Could the risk have been avoided with a reasonable change to the design?
• Did the design fail to meet safety standards recognized in the industry?
• Were warnings included to inform users of the possible dangers?

Claimants often note that simple modifications could have prevented their injuries. If these changes were feasible but ignored, manufacturers might be held responsible.

Manufacturing Defects

Unlike design defects, manufacturing defects occur while making the product. These issues impact a specific batch or run of products, rather than the entire line. 

A manufacturing defect can render an otherwise well-designed product unsafe.

Some examples of manufacturing defects include:

• Medications that become contaminated during production.
• Bicycle helmets that crack easily because of poor-quality materials.
• Electrical products with loose wiring due to assembly-line mistakes.

Even a product designed with perfect safety in mind can become hazardous if the materials or assembly are faulty. Manufacturing defects often occur because of poor quality control processes or rushing production.

Key points about manufacturing defects

For manufacturing defect claims, the injured party usually needs to establish that the problem exists due to how the product was made, not due to misuse. Evidence supports your case, such as broken components, receipts, or the product itself. 

Here are questions that may arise in a manufacturing defect claim:

• Was the defect present when the product left the manufacturer?
• Did the defect directly cause the injury?
• Was the product being used in a reasonably expected way?

Courts often weigh whether the consumer could have foreseen or avoided harm from such defects. If the answers point to negligence during production, liability may be clear.

Marketing Defects (Failure to Warn)

Not all products are inherently safe under every condition. Sometimes, adequate warnings or instructions are vital to prevent injuries. Marketing defects occur when companies fail to provide necessary information to help people use their products safely.

Take, for example, a powerful cleaning chemical. Without proper labels warning about harmful fumes or skin burns, users may unknowingly put themselves at risk. Similarly, power tools without clear safety instructions could cause accidents.

Signs of a marketing defect

Marketing defect claims generally focus on the company’s responsibility to inform consumers. The manufacturer might be held accountable if warnings or instructions were inadequate or missing. 

Common questions in these cases include:

• Were the product’s risks clearly explained to the user?
• Was proper information displayed where consumers could easily see it?
• Did the lack of warnings or guidance lead directly to the injury?

Some products will always carry risks, but companies are required to give fair warning. When they overlook this duty, victims can file claims to recover losses caused by their injuries.

Compensation Available in Defective Product Cases

Product defects often lead to serious financial and personal losses. Injured parties can seek compensation for economic and non-economic damages. Economic damages cover direct costs like medical bills, while non-economic damages address pain and suffering.

Consider a scenario where an Orlando parent buys a defective swing set for their child. The product collapses, leading to a broken arm that requires surgery. Direct repairs, ongoing therapy, and even travel for medical appointments all qualify as economic damages. The parent and child could also claim non-economic damages for emotional trauma and reduced quality of life.

Compensation in product liability claims may include:

• Medical expenses: Hospital bills, rehabilitation, and medication costs
• Lost wages: Time away from work due to injury or recovery
• Property damage: Repairing or replacing personal items affected by the product
• Long-term effects: Loss of a loved one or permanent disabilities

Victims often underestimate the long-term financial toll of their injuries. A legal advocate helps evaluate all these costs and strengthens cases for full compensation.

Product Recalls and What They Mean for Claims

When a company recalls a product, it usually admits that the item is unsafe to use. This does not automatically remove liability when someone files a lawsuit. Product recalls can validate a claim; they acknowledge the issue and show the company was aware of the danger.

For example, a toy company might issue a recall due to small parts that pose a choking risk to kids. If your child is injured from that very hazard, the recall strengthens the argument that the toy was inherently risky. 

Cases like these may also highlight negligence if the company delayed the recall or failed to warn consumers sooner.

Key factors to remember about product recalls:

• Public awareness: Companies are required to notify consumers of the risks.
• Legal implications: Recalls may support claims of defectiveness.
• Limits on liability: A recall alone doesn’t excuse manufacturers from paying damages.

If you’re uncertain about a recalled product, keeping documentation such as emails, receipts, and injury reports proves helpful.

The Role of Consumer Rights in Defective Product Cases

Consumer rights are a pillar of defective product claims, providing an essential legal foundation for victims who suffered harm. These rights make manufacturers accountable for ensuring the safety of products they sell. 

While this benefits residents of Florida, injured consumers need to exercise these protections fully. Specifically, Florida law requires products to meet implied warranties. This means the item is expected to work properly under its intended use. 

The manufacturer may have breached that warranty if a product fails and causes an injury. For instance, a power tool advertised as safe for home use that shocks the user would likely violate guaranteed safety standards.

Core protections consumers should note include:

• Right to safe products: Manufacturers must ensure all items meet minimum safety guidelines
• Right to information: Labels must clearly outline risks and usage instructions
• Right to compensation: Victims of defective products are entitled to recover damages associated with injuries and related costs

Educating yourself about these rights strengthens your ability to demand reparations when harmed by a faulty product.

How Comparative Negligence Applies in Florida

Florida laws recognize comparative negligence, which may affect defective product liability claims. This principle means that if a victim shares partial blame for their injury, their compensation could be reduced. 

For example, suppose someone misuses a ladder, and it collapses because of a manufacturing flaw. If the court finds the person 25% responsible for improper use, the awarded damages may be reduced by that percentage.

Comparative negligence is uber confusing. A knowledgeable attorney can review the evidence to determine how much fault lies with the manufacturer versus the user.

What to Do After a Product Injury

Handling a defective product claim involves careful planning. If you’ve been injured, there are several key steps to protect your rights and strengthen your case:

• Preserve the product: Keep the defective product in its original condition and store it securely.
• Document the injury: Take photos of injuries, damages, and any relevant details, such as the product’s condition or location of the incident.
• Seek medical attention: Promptly visiting a doctor ensures your injuries are treated and recorded in official medical records.
• Save proof of purchase: Hold on to receipts, instruction manuals, and warranty cards to confirm your ownership and usage.
• Contact an attorney: Getting professional legal representation early can help track evidence and meet necessary deadlines.

Filing too late can close legal options. Florida’s statute of limitations for product liability is typically four years, but certain cases may follow different timelines.

How a Lawyer Helps with Defective Product Claims

Defective product claims often require multiple steps, from identifying the type of defect to gathering evidence and negotiating with manufacturers. Manufacturers may mount strong defenses to protect their reputation, making legal help helpful for injured parties. 

A lawyer can help identify liable parties and calculate the compensation you deserve. Additionally, many defective product cases overlap with other claims, such as wrongful death or premises liability. 

For instance, a slip and fall caused by a faulty Ocala handrail may involve premises and product liability. An experienced attorney will analyze all possibilities to ensure that victims explore every avenue of compensation. 

Personal injury-related product claims often include damages such as:

• Medical expenses and future treatment
• Income lost due to recovery time
• Pain and suffering caused by traumatic injuries
• Costs of replacing or repairing damaged property

Acting quickly is one of the best ways to handle a case successfully.

Speak to a Dedicated Lawyer About Your Case

If you have been injured due to a defective product, time is critical. At Steven A. Bagen & Associates, P.A., we are committed to helping victims secure the justice they deserve. 

Fighting for Florida’s injured has been our mission for over 40 years. With a 99% success rate and hundreds of millions of dollars recovered, we are here to assist you in your time of need. 

Contact us today at (800) 800-2575 to schedule a consultation. You don’t pay unless we win your case.

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