Product Liability


Project Description

Injured by a defective product in Miami-Dade?

When we purchase an item—regardless of whether it is a toy for our child or a medical device—we do not often stop to consider the fact that it could potentially be inherently dangerous. The fact, however, is that it very well could be. Throughout the nation, consumers are injured or made ill every day by the goods that they purchase. For example, according to data gathered by the CPSC’S National Electronic Injury Surveillance System (NEISS), there were more than 8,000 injuries caused by toys in 2012.

Other products that have caused significant amount of injuries include:

  • Cans & Other Containers: 7,000 Injuries
  • Lawn & Garden Equipment: 2,000 Injuries
  • Workshop Manual Tools: 2,700 Injuries
  • Stairs, Ramps, Landings & Floors: 70,000 Injuries

These numbers reflect the actual number of injuries reported by sampled hospitals; however, because different types of injuries have different statistical weights, it may not be exact. Still, it does accurately showcase how much damage can be done by average household products that someone may not think twice about using. Something as simple as sports equipment or furniture in a child’s nursery could end up causing life-altering injuries, and something as common as prescription drugs could cause fatalities.

Click below for further product liability information:

  • Types of Product Liability Claims
  • Dangerous Children’s Products
  • Dangerous Drugs & Medications
  • Defective Medical Implants & Devices

The Three Different Types of Product Liability Claims

Not all product liability cases, however, are the same. There are many different types of defects that can lead to a product being considered as dangerous and/or defective. Below, we explain the main three:

  • Design Defect: The first way in which a product can be defective is if the initial design is flawed. This means that even if the product was made perfectly, it would not have worked. For example, if the designer did not take into account how hot an electrical item would get.
  • Manufacturer Defect: This type of defect means that a product had the potential to be safe, but due to a flaw in the way it was manufactured, it became defective. This could mean the use of low-quality material, improperly trained employees, or a mistake being made in the process.
  • Marketing Defect: This is also referred to as a failure to warn or inadequate instructions. In these cases, the product could be designed and manufactured perfectly, but consumers were not warned about the inherent dangers. For example, not warning that a curling iron could get hot.

Dangerous Children’s Toys, Furniture & Equipment

While toys are regulated to be safer, there are still many that lead to all types of injuries. These can include toys a child attempt to eat. It may resemble food, smell like food or may just be small enough for them to fit in their mouth and choke on. Toys may be covered in lead paint and this can cause serious health concerns in children using them. Toys with a long chord or chain can become wrapped around the neck of the child and may lead to strangulation. Flammable toys can pose a threat as well, as can a car seat or baby furniture. These are only some of the types of dangerous toys and there are many more that should be regulated before and while a child is playing with them.

Poorly-made pieces of furniture may cause puncture wounds that can get infected and cause more serious illnesses, and faulty equipment can pose a real threat to the safety of those in close proximity. Depending on the specific type of injury, costs associated with treatment and recovery may be astronomical. Because the manufacturing company may be held liable for defective products deemed to be caused by negligence, financial compensation should be sought as aggressively as possible as needed.

Defective & Dangerous Drugs

Doctors who prescribe medications must be at their best to not incorrectly prescribe something that may cause their patient danger, and pharmacies implement strict checking procedures to minimize the risk of pharmaceutical errors. However, none of these measures will make a difference in the event of defective drugs and medications that were created incorrectly, and thus pose a danger to the unsuspecting people who rely on them.

Ingesting defective drugs can have disastrous effects, both short and long-term. When some drugs go bad, they may take on properties that result in adverse, damaging effects like:

  • Dizziness
  • Nausea
  • Internal bleeding
  • Seizures
  • Wrongful death

In other instances, defective drugs simply do nothing, failing to treat the patient’s condition. This can be of particular concern for people who depend on mood or heart stabilizers, and suffer terrible relapses or heart attacks without effective medication. Taking bad medicines or drugs can damage the body, mind and emotions in ways that may take years to remove, if ever.

Injuries from Defective Medical Implants & Devices

Medical implants and devices are used to restore functions that the body cannot otherwise perform due to damage from a medical condition or injury. Failure to manufacture a device that is acceptable for use, but is used nonetheless, is a type of negligence that can result in serious injuries. Common devices resulting in serious injury include:

  • Hip replacements (such as DePuy or Zimmer)
  • Prosthetic knees
  • Contraceptive / intrauterine devices or “IUDs” (such as Mirena or NuvaRing)

The symptoms of a defective medical device can go unnoticed for quite a while before being identified either by patient or doctor. If the device emits some type of damaging chemical that would otherwise be contained, this can create significant injury within the body and infections can occur. In other cases, a defective medical device may cause pain and discomfort, swelling or other more serious side effects like nausea, seizures, brain injuries and death. Victims of this type of corporate negligence may suffer extreme financial hardship resulting from impossibly large medical bills, surgery or other costs associated with recovery. In some cases, the trauma from an experience with a defective medical implant may require intense therapy.

Should I contact a Miami defective product lawyer?

If you or someone that you care about has sustained injuries or illness from the use of a product, you should not hesitate to get the involvement of an experienced Miami-Dade personal injury law firm. Regardless of whether you were hurt by a defective drug, suffered injuries from a defective medical device, or even if your child was hurt by their toys, you could have a claim to seek just financial compensation. At the Law Office of Maria L. Rubio, we have more than two decades of collective legal experience. Our principal attorney, Maria L. Rubio, has also been selected for inclusion in the Super Lawyers® list, which clearly demonstrates the level of skill and experience that we bring to the table.

If you are considering filing a product liability claim and would like to discuss the possibility with a legal professional, all you need to do is contact an attorney from our firm. We believe that wisdom comes from experience, and we have been working hard to build wisdom since 1986. To schedule an initial case consultation, call 305-771-0894. If you want, you can also fill out the contact form on the left side of the website to message us directly. We look forward to hearing from you soon!

Maria L. Rubio Law Firm in Miami

When you need a law firm in Miami, contact the MLR Law Group!

The victim of an accident caused by the negligent act of another person has the legal right to pursue financial compensation in a civil court. By detailing the injury, the circumstances and the ensuing struggles related to recovery, it is possible to recuperate any lost funds and receive additional compensation for future costs as well.

The Law Offices of Maria Rubio have a strong background in health and medicine, and understand many cases both from a medical and legal perspective. With a specialty in personal injury law, our firm focuses on the important details that make up a strong case. We will work hard to build a solid and compelling argument in our pursuit of a fair settlement or a judgment for financial compensation to cover any costs associated with the injury.

Contact a Miami personal injury lawyer if you have been the victim of an accident caused by another's negligence, and would like to discuss your options.