What Products and Services are Covered by Product Liability Laws?

Product liability laws cover a wide range of products and services to protect consumers from harm caused by defects or negligence. These laws apply to virtually any product you purchase, including food, medicine, automobiles, electronics, toys, and even clothing. They are designed to hold manufacturers, distributors, and retailers accountable for selling faulty or unsafe products.

If a defective product injures you, product liability laws allow you to seek damages for your injuries. These laws ensure that negligent parties are held responsible for the harm caused by their products, whether due to manufacturing defects, design flaws, or inadequate warnings.

If you’ve been injured by a defective product, Fort Myers product liability lawyers can help you pursue compensation and ensure those at fault are held accountable for their negligence.

Products and Services Covered by Product Liability Laws

Product liability laws are designed to protect consumers from harm caused by defective products and services. These laws apply to a wide range of items and ensure accountability for manufacturers, distributors, and retailers. 

Here’s a brief overview of the products and services that are covered by product liability laws:

Products Covered by Product Liability Laws

1. Consumer Goods: Everyday items such as clothing, toys, household appliances, and electronics.
2. Food and Beverages: Contaminated or unsafe food products, beverages, or packaging.
3. Automobiles and Vehicle Parts: Cars, motorcycles, tires, airbags, and other essential components.
4. Medicines and Medical Devices: Prescription drugs, over-the-counter medications, and medical equipment.
5. Industrial and Commercial Equipment: Machinery, tools, and equipment used in various industries.

Services Covered by Product Liability Laws

While product liability laws primarily focus on physical products, certain services tied to defective products may also be included. For example:

• Installation services that improperly assemble a product.
• Repair services that fail to address safety issues.

If you’ve been injured due to a defective product or service, Fort Myers personal injury lawyers can help you seek compensation for your damages and ensure those responsible are held accountable.

Types of Defects in Product Liability Cases

Product liability cases typically involve three main types of defects: manufacturing defects, design defects, and marketing defects. These defects can make a product unsafe for consumers and may lead to serious injuries or damage. Here’s a breakdown of each type:

Manufacturing Defects

Manufacturing defects occur during the production process and result from errors made at any stage, from assembly to distribution. These defects are not intentional but happen when a product deviates from its intended design. Examples include:

• Harmful materials, such as lead paint on toys.
• Improper assembly leading to issues like exploding gas tanks or tire blowouts.

Design Defects

Design flaws and defects occur during the design of the product, making the product unsafe even if manufactured correctly. These flaws cannot be fixed through repairs or adjustments. For example:

• A car designed without seatbelts or airbags, which are legally required for safety.
• A piece of machinery designed with unprotected moving parts that pose a risk to users.

Marketing Defects

Marketing defects involve improper labeling, insufficient instructions, or a lack of warnings about potential risks. These defects can occur when:

• A product lacks safety warnings for known hazards, such as choking risks on small parts for toys.
• Instructions fail to explain proper usage, leading to misuse and injury.

Each type of defect can cause serious harm, and manufacturers, distributors, and retailers can be held liable for negligence. If a product defect resulted in injury or death, Fort Myers personal injury lawyers can help you build a strong case and fight for the compensation you deserve.

How Do Product Liability Laws Work?

Product liability laws are designed to protect consumers from the dangers posed by products or services covered under product liability law. The law imposes strict liability on manufacturers, distributors, and sellers of products that cause injury or death to a consumer because they are defective.

This means that you do not need to prove that anyone is at fault for your injuries—you simply must show that your injury was caused by a product that failed to perform as expected. In addition, there are strict time limits for filing claims under product liability laws, so it is important to seek legal advice as soon as possible after an injury occurs.

In the United States, product liability laws are in place to protect consumers from harm caused by defective products. Product liability laws vary by state. Under Florida Statute § 768.81, a claim can be filed against the at-fault party based on strict liability, negligence, breach of warranty, nuisance, or similar theories. In most states, these are the two common categories:

Strict Product Liability

In strict liability cases, a defect in the design or manufacturing of a product can lead to a lawsuit against the manufacturer or seller of that product. This type of lawsuit is often filed under breach of warranty claims as well. This is why having a Fort Myers product liability lawyer to help prepare the lawsuit is so important.

Comparative Negligence

In comparative fault cases, a plaintiff can only recover damages from a defendant if he or she is not more than 50% at fault for their injuries. In these cases, it’s up to each party involved in the case to prove that they weren’t more than 50% at fault for the accident or incident leading up to the lawsuit.

Understand Your Rights as a Consumer

Under federal law, every state must have some form of consumer protection law that gives consumers the right to sue manufacturers for injuries caused by defective products. These laws may be found in the federal government’s Consumer Product Safety Act (CPSA).

In most states, this right applies only within certain time limits after an injury occurs. If those time limits pass before you know about the defect in your product or realize that it was responsible for causing your injury, you may lose your right to seek compensation from the manufacturer or seller of the product.

How Do You Prove a Product Is Defective?

To prove that a product is defective under product liability law, you must show that:

• The product was unreasonably dangerous when it left the manufacturer’s control
• It caused your injury because of its ineffectiveness

If you can prove these elements, you can recover damages from the manufacturer based on your injuries and losses resulting from the defectiveness of the product. Under strict liability laws, it does not matter if you were careless with the product or if it had adequate warnings about its use.

If a product causes injury to someone, the manufacturer can be held liable for damages. The purpose of this legal doctrine is to avoid lawsuits based on negligence and to force businesses to take responsibility for their products and be more careful in how they manufacture them.

What Damages Could I Recover in a Faulty Product Claim?

You may be able to claim compensation for injuries caused by a defective product. These damages are intended to compensate you for your losses and hold the responsible parties accountable. Below are the main types of damages you could recover:

Economic Damages

These damages cover the financial losses you’ve suffered as a result of your injury. Examples include:

• Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and any future medical care related to your injury.
• Lost Wages: Compensation for missed work or reduced earning capacity if your injuries prevent you from returning to your job.
• Property Damage: Costs to repair or replace property damaged by the defective product.

Non-Economic Damages

Non-economic damages compensate for the emotional and physical impact of the injury, such as:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
• Loss of Enjoyment: Damages for a diminished quality of life or inability to participate in activities you once enjoyed.
• Emotional Distress: Anxiety, depression, or trauma caused by the incident.

A successful faulty product claim can help ease the financial burden of your injury and provide justice for the harm caused. Contact an experienced attorney to discuss your case and explore the compensation you may be entitled to recover.

Contact Us for a Free Consultation to Learn if You Have a Product Liability Claim

Product liability claims can involve complicated legal processes that depend on both the specifics of your case and a thorough understanding of the law. If you’ve been injured by a defective product and want to seek compensation, contacting a skilled personal injury attorney at Viles & Beckman is essential.

Our attorneys can assess whether you have a valid claim, collect critical evidence, and build a compelling case to demonstrate the manufacturer’s negligence. In some situations, it may also be possible to hold other parties in the distribution chain accountable, such as distributors or retailers.

Don’t face this challenge alone. Reach out to us today to schedule a free consultation. We are here to help you take the necessary steps to pursue justice and recover the compensation you deserve.