Defective Products


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Defective Products Lawyer

Defective products could pose a danger to the consumers who purchased them in good faith. The federal government monitors reports of known hazards caused by manufactured goods, and with verifiable complaints, it can recall dangerous products to prevent further harm.

Common defective or recalled product types include vehicles, appliances and medical devices. If you believe an injury resulted from using a defective product, a lawyer experienced in this area can submit your lawsuit for relief.

What Are Some Reasons Why Consumers End Up With Defective Products?

It’s not entirely uncommon that a product purchased in good faith proves defective or in some way unsafe to use or consume. Some of the reasons you could end up with a defective product or one capable of causing harm include:

  • Inadequate testing before shipping a product out to retailers
  • A flawed design that did not take into account the various ways a purchaser might use the product
  • Unclear, poorly written or missing product-use instructions or safety warnings
  • Assembly, production or packaging errors
  • Harmful materials or substances finding their way into products during their production or shipping stages

What Should I Do if I Discover a Vehicle-Related Product Defect?

If your concerns involve a vehicle or an automotive part, check to see if one of the federal consumer protection agencies has issued a recall for either your car’s model or one of its parts or components. In some cases, safety issues may arise from substandard maintenance or repairs made by a third party. The possibility also exists that someone may have replaced a product part, and unknowingly contributed to a safety issue by installing a component not designed for that specific make or model. A manufacturer should, however, take steps to advise consumers and automotive service centers of the need to only use replacement parts either made or authorized by the original manufacturer.

Individuals harmed in car accidents could have cause to file a product liability claim

It takes a wide range of components, equipment and engineering systems for car manufacturers to successfully produce safe vehicles. Unfortunately, and despite what may reflect most manufacturers’ best intentions, their success rate remains inconsistent. In its 2023 annual report on safety recalls, the National Highway Traffic Safety Administration noted that 850 recalls occurred in 2022. The recalls included defective cars, child seats, electrical components, safety systems and tires.

Car crashes and collisions can result from weaknesses in a vehicle’s design or when an assembly error causes a component to not perform as intended. Production and design flaws that cause even minor car accidents can lead to devastating injuries, such as when faulty airbags fail to deploy. Defective tires, for example, could cause a blowout while driving on a highway and become the primary cause of a multi-car pileup. Faulty fuel tanks could prove particularly dangerous as they could lead to unexpected explosions or gas leaks that cause fatalities.

What Types of Products Became Part of a Recall Action, Product Liability Suit or Class Action Consumer Complaint?

When a manufacturer allows a defective or an unsafe product to reach the consumer market, harmed purchasers may initiate a legal action to recover damages. In many cases, a federal watchdog agency may issue a product recall. A legal action filed by consumer plaintiffs in response to harm caused by a defective product can take the form of a product liability suit or a class action consumer complaint.

In addition to vehicles, consumables and medical products, some unsafe or defective product types that became part of a recall or legal action include:

  • Kitchen and outdoor cookware
  • Construction materials
  • Furniture
  • Herbicides
  • Tobacco products

Class-action lawsuits could help several plaintiffs obtain compensation in one legal action

When a group of individuals can show that they all suffered harm caused by similar but separately occurring product shortcomings, they may have an opportunity to come together to file a class action lawsuit. An experienced defective products lawyer can review the details of the individual complaints to determine if they qualify for a class action consumer complaint or if individual claims represent the better option.

Although there’s no official number of plaintiffs required for a class action, a judge may not feel compelled to certify the suit if only a small number of individuals become involved. Defective product complaints can, however, have their own unique characteristics and the types of issues involved could affect a judge’s decision.

How manufacturers may attempt to defend themselves against product liability claims

A modification or an adjustment to a multi-component product could unintentionally cause it to become capable of causing harm. If you file a product liability suit, the manufacturer may attempt to counter your complaint by claiming you modified their product or used it in a way that deviates from its intended purpose.

Manufacturers’ defense attorneys may scour the internet and social media posts to find images of products that their owners modified. If a manufacturer’s legal team can determine that the product in question became defective or unsafe due to a modification or misuse, it could help sway the court to not favor a harmed product user. A skilled product liability attorney could counter the defense’s claim by proving that the product was defective or unsafe when originally purchased.

How Could I Receive Compensation for a Strict Liability Product Defect?

If you suffered harm that occurred because a product you purchased or used became uniquely defective during its production, you may hold the manufacturer strictly liable for your injuries. For a strict liability claim, you will need to show that the specific item in question deviated from the manufacturer’s original design. A strict liability complaint requires proving how the item that caused you harm specifically differed from others of the same type and model. A defect may have resulted from a unique mistake made during its production or assembly that caused it to not function in the manner intended.

Strict Product Liability Claim or Proving a Manufacturer’s Negligence

Strict product liability claims generally do not require showing that a manufacturer carelessly produced a product. With a negligence complaint, however, plaintiffs need to show that the manufacturer failed to design a safe product and then carelessly breached that duty.

The way that the product malfunctioned and caused harm could determine how you proceed in showing that the manufacturer breached a duty of care. To prove negligence, your complaint will need to demonstrate to the court how the product’s design fell short of including reasonable or standard safety features.

Did the manufacturer act in bad faith by failing to use the appropriate amount of care in producing the product? Perhaps a simple engineering or production adjustment could have prevented it from becoming unsafe during its intended use. If the manufacturer could have prevented your injuries in any reasonable way, the court may find that it acted negligently and carelessly produced a dangerous product.

How Do I Start the Process of Seeking Compensation for the Harm Caused by an Unsafe or a Defective Product?

Defective products could cause catastrophic and life-altering injuries, especially when vehicles, construction equipment or medical devices malfunction. If a manufacturer’s product caused you or a loved one harm, our experienced attorney team will apply the seasoned skills and legal strategies needed to obtain your well-deserved compensation.

We have the necessary resources and we’re prepared to take on a manufacturer’s defense team in court. Contact us now to learn more about your damage recovery options.

Defective Products Under Investigation

Defective products are regularly on the news, oftentimes being recalled long after they have already caused injuries. In these cases, when a defective product causes an illness, injury or death, any party involved in the design, manufacturing or marketing process may be held liable.

Below is a list of defective products we are currently investigating:

Verdicts & Settlements

R.J. Reynolds Tobacco Company product liability.

R.J. Reynolds Tobacco Company product liability.

Jury verdict for the wrongful death of a 63-year-old man survived by his widow.

Verdict against cigarette manufacturer for family of local lawyer who died of lung cancer.

Verdict against tobacco manufacturer for family of man who died from lung cancer as a result of smoking.

View more results

Further Resources

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Gordon & Partners - For The Injured®


Gordon & Partners, P.A.

4114 Northlake Blvd
Palm Beach Gardens, FL 33410

Phone: 1-561-333-3333

Gordon & Partners - Plantation

8201 Peters Road, Suite 4000
Plantation, Florida 33324

Phone: 1-754-333-3333

Gordon & Partners - Stuart

729 SW Federal Highway #212
Stuart, FL 34994

Phone: 1-772-333-3333

Gordon & Partners - Boca Raton

777 Yamato Road, Suite 520
Boca Raton, FL 33487

Phone: 1-855-722-2552