Most people don’t expect a product they bought at a big-box store, a Miami boutique, or even on Amazon to cause them harm. We assume companies test their products and prioritize safety above profits (and all other considerations). We assume they follow safety rules. We assume they don’t put something on the market unless it’s actually safe. In far too many cases, our assumptions are incorrect.
When a dangerous product injures you or a loved one, filing a product liability claim is a reasonable and just response. But what, exactly, is a product liability claim?
The elements of a successful product liability claim include proof that the product was defective, that the consumer used the product in a reasonable way, and that the product resulted in injury (and possibly other types of harm). It is the layman’s explanation, though, and succeeding in a product liability case is more complex than this explanation might suggest.
Allow the experienced Pompano Beach product liability attorneys at Englander Peebles to provide more personalized information about your case, then fight for the compensation you deserve. Call us today at (954) 500-4878 or contact us online for a free consultation.
Key Takeaways About Product Liability Claims
- Product liability claims require proof of specific elements: We must show there was a defect, that you used the product in a reasonable way, that the defect caused your injury, and that you have suffered actual damages.
- Many everyday products can trigger a claim: Appliances, car parts, tools, children’s items, medical devices, and electronics can all become dangerous if something in their design or assembly goes wrong.
- A lawyer can be essential to the success of these cases: Product liability claims rely heavily on expert analysis, critical investigation, and identification of every company that shares responsibility for the defective item.
- Companies and their insurers fight these claims aggressively: They delay, deny, blame the consumer, and sometimes even pretend the defect never existed.
- Your attorney from Englander Peebles will have methods to shut those tactics down: These include compelling expert testimony, subpoenas, litigation pressure, and strategic negotiations backed by facts and evidence.
- You should hire a lawyer from Englander Peebles as soon as possible: By acting quickly, you enable us to protect valuable evidence, defend your rights from the onset of your case, and construct a case with a great chance of success.
The Essential Elements of a Successful Product Liability Claim
Let’s break down the heart of any case: the elements your lawyer must prove to secure the compensation you deserve. Think of these as the legal building blocks of your case. Without them, the claim can quickly fall apart. With them, you have a real shot at justice and fair compensation.
There Must Be a Defect in the Product
Every product liability case begins with the same question: What was wrong with the product? A product can be defective in three primary ways:
- A design defect: This means the product was unsafe before it was even assembled because the blueprint or engineering concept was flawed
- A manufacturing defect: This means something went wrong on the assembly line or in the production of a particular product batch
- A failure to warn: This means the company failed to provide adequate instructions, warnings, or safety information to the consumer
Defects are not always obvious. Sometimes, the flaw or failure to warn can even be microscopic. Yet, the size or nature of the defect (or failure to warn) is not as important as the very fact that the defect exists. That existence alone is, generally speaking, sufficient grounds to pursue a product liability case—so long as these other elements are also present.
You Used the Product as Intended (Or, At Least, in a Reasonable Way)
Two people can use a chainsaw or a laptop in different ways, and both can be said to use that product reasonably. Even if one or both of those people did not follow the manufacturer’s instructions to a T, they may both have grounds for a product liability case.
You are typically eligible to seek compensation for a dangerous product if you used the product:
- In the way the instructions described
- In a way that any normal person would
- In a manner, the manufacturer could have reasonably foreseen you using it
Manufacturers tend to argue that the consumer used their product in an unreasonable (and dangerous) manner. But that defense only works when someone truly misuses the product. In most cases, consumers act responsibly—they don’t want to suffer the injuries that the defective product ultimately causes, after all.
The Defect Caused Your Injury
There must be a connection between the product’s defect and the harm you or your loved one ultimately suffered. To disrupt this connection, liable companies and their insurers often argue:
- It wasn’t the product that caused the injury.
- The injury happened coincidentally.
- You had a pre-existing condition that you are blaming on their product.
- Someone else modified the product in a way that absolves the manufacturer (or other party along the production chain) from liability.
- The injury arose from “normal wear and tear” or a failure by the consumer to maintain the product.
Our Florida product liability lawyers often bring in expert testing, engineering analysis, and medical evidence to prove that there is, in fact, a link between a defective product and the harm the victim suffered.
You Suffered Actual Damages
A dangerous product might be defective, but if you weren’t injured—or had no financial loss—you don’t have a claim. Our attorneys will document both your economic and non-economic damages to prove that the defective product caused actual harm.
Defective Products That Can Trigger Liability Claims
Any product might have the capacity to cause injury when the right (or wrong) conditions are present. However, a few product categories are overrepresented in product liability claims, and they include:
- Automotive parts: Defective airbags, brakes, tires, steering components, sensors, and fuel systems are among the reasons why Florida sees hundreds of thousands of auto accidents resulting in injury each year
- Household appliances: Pressure cookers, space heaters, fans, washing machines, and air fryers are among the household appliances with an uncommonly high risk of causing harm
- Consumer electronics: Smartphones, chargers, vape pens, laptops, and e-bike batteries are commonplace, but potentially dangerous
- Construction and industrial equipment: Defective nail guns, saws, ladders, forklifts, scaffolding make already dangerous professional fields even more so
- Children’s items: It’s particularly concerning that toys with small parts, cribs, car seats, bath seats, and swings can endanger children, but they can, and have
- Medical devices: Pacemakers, hip implants, surgical mesh, and infusion pumps have been the subject of many product liability lawsuits
- Cosmetics and chemicals: Hair relaxers, skin products, and cleaning chemicals often contain dangerous ingredients and elements that consumers are not adequately made aware of
- Recreational products: E-scooters, hoverboards, inflatable pools, and workout equipment are not nearly as fun or functional when they leave the user seriously injured
Defects don’t care about a product’s size or intended use. Defects can exist in virtually any product, and any defect has the potential to alter a consumer’s life for the worse.
How Do Defects and Other Hazardous Failures Actually Happen?
Defective products are far more common than the average consumer recognizes. There were 333 voluntary recalls in 2024, which is only a portion of the total number of defective products that reached consumers’ hands and homes. It shows that product manufacturers, parts suppliers, assemblers, and sellers simply aren’t fulfilling their duties to protect consumers.
Defects can emerge at several stops along the product’s road to its final form, and common hazards include:
Design Defects
These start in the engineering room. A design defect means the product’s very nature was flawed from the start. For instance, if a laptop contains a battery known to overheat and potentially catch fire, that was a defect that should have been addressed before the product reached the assembly line.
Manufacturing Defects
This is where the product’s manufacturing process departs from the intended design. Manufacturing defects can arise from improper parts, low-quality components, improper assembly, and other errors that may have been avoided with greater care or oversight.
Failure to Warn (and Other Marketing Failures)
When warnings are missing, insufficiently detailed, or designed to conceal risks to consumers, those consumers are placed at an unacceptable risk of injury.
Why You Should Retain Your Product Liability Attorney Immediately
Keep in mind that, under Florida law, there is a “presumption that the product is not defective or unreasonably dangerous.” That means the burden of proof lies with the victim, who must prove the elements of their case to secure fair compensation. The courts’ default position is that the manufacturer did not produce a defective product (though the statutes are a bit more complicated than that).
To put it bluntly: product liability cases are not DIY projects. They are some of the most challenging injury cases to make. They can be made, though, with the right team leading the case.
Englander Peebles takes these cases personally because the people injured by defective products are ordinary Floridians just trying to live their lives. Some of the primary reasons to retain us without delay are:
- Manufacturers start building a defense immediately
- Critical evidence has a way of “disappearing,” especially when liable parties have access to that evidence
- Getting experts involved early can be instrumental to a successful case outcome
- Florida’s statute of limitations is strict, and such deadlines are not to be taken lightly
Liable manufacturers’ insurance companies may be on you before you can blink. Their offers of compensation can be appealing, but they are almost always lowball attempts that benefit the insurance company (and its policyholders) more than the victim.
Engage Englander Peebles right away so we can protect you and fight for all the compensation you are entitled to.
An Inside Look at How Our Product Liability Attorneys Hold Negligent Parties Accountable for Harming Innocent Consumers
A product liability claim unfolds in stages. Here’s what the process typically looks like when handled by a firm that litigates aggressively, like Englander Peebles.
We Secure the Dangerous Product
This is step one. The product must be preserved exactly as-is, as tampering or any other modification can undermine the evidence (and your case).
We will facilitate:
- Secure storage
- Chain-of-custody protection
- Photographic and video documentation
- All other necessary forms of preservation and documentation
The defective product will be the heart of your case, and our approach will reflect that.
We Complete a Comprehensive Investigation (Often Assisted by Product Liability Experts)
Our investigation will uncover the defects and failures that led to your or your loved one’s injury. We will analyze the product in question, research other instances in which the product has caused harm, evaluate its recall history, and take all other necessary measures to pinpoint why the product caused you harm.
Engineers, safety analysts, chemists, and other qualified experts typically assist us during this investigative process.
We Identify All Liable Parties
We might find that you were let down by one or more:
- Manufacturers
- Wholesalers
- Retailers
- Product marketers
- Shipping companies
- Parts providers
No defendant is too big or small to be held accountable for their negligence.
We Create and Present a Demand Package
Our financial demands will outline:
- Injuries resulting from the defective product
- Necessary medical treatment
- Economic and non-economic damages
- Expert opinions about fault, liability, and damages
Our demand packages are comprehensive, compelling, and designed to produce results for our clients.
We (Almost Always) Negotiate
Manufacturers and their insurers tend to fight our financial demands. Yet, they also tend to back down once they see you’re represented by a firm willing to litigate. Our reputation for trial work matters—especially in Florida, where juries have proven willing to compensate victims of defective products.
We Litigate (When Liable Parties Don’t Cooperate)
If needed, your Florida defective product lawyer will file a lawsuit and begin the discovery process. Should liable parties continue to stonewall our reasonable financial demands, we won’t hesitate to fight for you in a Florida courtroom.
Recoverable Damages in a Product Liability Case
When a defective product injures you, the law allows you to pursue several categories of compensation, which can include:
- Medical bills
- Lost income
- Property damage costs
- Rehabilitation and therapy costs
- Pain and suffering (including emotional, physical, and psychological harm)
- Loss of enjoyment of life
- The economic and non-economic effects of permanent impairment
Punitive damages may also be in play, especially if a manufacturer has a history of wanton disregard for consumers’ safety.
Frequently Asked Questions: Product Liability Claims
Many victims of defective products ask our attorneys and intake team:
1. What if I threw away the defective product?
You should certainly hang onto the defective product if you still have it. That said, you may still have a viable case even if you no longer do. Having formidable representation is as necessary as ever in these cases.
2. Could I still have a product liability case if the product was never recalled?
Yes. Most defective products are never recalled—even when they injure thousands of people.
3. What if the company has substantial resources? Can I still win?
Yes. Large companies lose product liability cases all the time. Vital evidence, strong experts, and strong representation can allow a proverbial David to hold a Goliath of a product manufacturer accountable for their negligence.
The Product Was Defective, But Your Case Should Be Anything But. Call a Product Liability Attorney for Rock-Solid Representation
If you’re ready to take control of your future and put experienced South Florida litigators—and a trusted Pompano Beach personal injury lawyer—on your side, now is the time to reach out.
Call Englander Peebles today at (954) 500-4878 or contact us online for a free consultation.