What is a Manufacturing Defect?
Using a product that has been put together poorly can be frustrating. Far beyond inconvenience lies the possibility that a defective product may lead to death.
A product’s manufacturing defect is typically caused by either the use of poor quality materials or poor workmanship. For example, if a piece of machinery is put together incorrectly or carelessly, a person may become severely injured or even die.
Examples of manufacturing defects include a cracked chain on a swing set, tainted medications, or improper placement of brake pads on a vehicle. Many residents don’t realize that Florida is a strict product liability state. Strict liability forces manufacturers to make the safest and best quality products possible, in order to reduce lawsuits and wrongful death claims. When an individual’s cause of death is due to a manufacturing defect, the survivor’s family is eligible to file for a wrongful death lawsuit.
What is a Wrongful Death Claim?
Wrongful death laws are implemented in order to hold manufacturers accountable for making safe products. When someone dies and it is the result of another person or entity’s negligence, the family is able to file a wrongful death claim. These laws protect the family members of the victim by holding the negligent individual responsible for compensating the victim’s survivors. Florida is one of the few states that have instituted strict product liability in order to protect the safety of its residents. In other words, the claimant does not have to prove that the manufacturer did anything wrong that caused the injury or death.
If the product, in fact, caused wrongful death, then the entity is held legally responsible for compensating the individual, or rather, the survivor’s family, of suffering and loss. In a case that involves product liability, the claimant only needs to prove that the product caused the injury or death. It is not necessary to prove that the manufacturer was careless, at fault, or negligent.
Product liability law covers three major types of claims: manufacturing defect, design defect, and failure to warn.
Wrongful death claims can be confusing. In order to better understand, let’s use a common yet hypothetical explanation to demonstrate possible types of wrongful death claims used in the case of pharmaceutical medications. If the medication was accidentally tainted with a poisonous substance during production, then a manufacturing defect claim is applicable. If a non-poisonous ingredient within the medication was found to cause a heart attack, then a design defect claim is applicable. Finally, if an individual used the medication along with another type of medication and the product failed to warn the user, then a failure to warm claim would be applicable.
Broward County residents aren’t always informed that those who have suffered from injury or death due to manufacturing defects are entitled to benefits under Florida’s strict liability statue. It is vital that victims and family receive expert advice from a qualified Broward County Wrongful Death Attorney. Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call [number type=”1″] or [number type=”1″].