Design Defects

Product Liability Attorneys Serving the Pembroke Pines Area

Defective and dangerous devices are all around us these days. Products with design defects, manufacturing flaws, or other possible hazards can be found anywhere and everywhere. It seems like every other week there is a massive recall of automobiles with potentially deadly safety issues, not to mention toys with parts that are choking hazards, tools that can malfunction, and other seemingly innocuous household items that have the potential to hurt or even kill. If you or a member of your family has been the victim of a devastating accident, the Pembroke Pines product liability lawyers at Cohn & Smith are here to assist you as you pursue damages from those responsible.

Pursuing Compensation for a Design Defect

Product liability lawsuits can involve multiple parties and multiple legal theories. Not only the manufacturer of a bad product but also its distributor and the wholesaler may be held liable in many situations. These claims often are based on one of three strict liability theories: manufacturing defects, design defects, or marketing defects. A strict liability case is different from an ordinary negligence case because it does not require showing carelessness on the part of the defendant.

In a design defect case, the plaintiff’s theory of liability is that there was a flaw in the blueprint of the product that caused it to be unreasonably dangerous. Usually, it is not a single product but instead all of the items made in the same manner that are subject to a possible design defect claim. By contrast, a manufacturing defect claim may involve only a single product that was somehow improperly made during the manufacturing process and thus rendered defective.

Some issues that are common in design defect cases include whether the manufacturer should have anticipated that the product’s design would cause harm and whether a safer design would have been economically feasible. If the plaintiff can prove, by a preponderance of the evidence, that there was a foreseeable risk of harm to a consumer using the product for its intended purpose, he or she may be entitled to compensation for the resulting damages, such as:

  • Past and future medical expenses;
  • Lost wages and loss of future earning capacity; and
  • Pain and suffering.

All personal injury cases are subject to a statute of limitations, the date by which the case must be filed or else the courts will likely dismiss the action as time-barred. In product liability actions, there is another potential deadline called the statute of repose. This is based on the length of time between the manufacture (or, in some instances, the sale) of a product and the time of the accident. Both statutes generally must be complied with in order for a case to proceed.

Contact a Knowledgeable Pembroke Pines Injury Lawyer

If you have been harmed by a dangerous or defective product, you can contact the injury attorneys at Cohn & Smith. We can represent people in the Pembroke Pines area and elsewhere in South Florida, including Fort Lauderdale, Aventura, Coral Springs, Davie, Hollywood, and communities throughout North Dade County. Call us at 954-431-8100 or contact us online to set up a free consultation. We accept most cases on a contingency fee basis, which means that you do not owe us anything until and unless we recover compensation for you.