Product Liability: Holding Manufacturers Accountable for Dangerous Products

Every product sold in the United States should be reasonably safe for its intended use. When manufacturers, designers, or distributors fail to ensure product safety, they cause serious injuries to innocent consumers. At Ogle Law Firm , we pursue product liability claims against dangerous manufacturers on behalf of injured victims in Daytona Beach , Florida.

What Is Product Liability?

Product liability law holds manufacturers, designers, sellers, and distributors responsible for injuries caused by defective or dangerous products. Florida recognizes three types of product defects:

Manufacturing Defects The product is manufactured incorrectly and differs from the manufacturer’s intended design. Example: A car with a defective brake line installed during assembly.

Design Defects The product’s design is inherently unsafe, even if manufactured correctly. Example: A medication with a dangerous side effect that could have been prevented with a safer design.

Failure to Warn The product lacks adequate warnings or instructions about known dangers. Example: A pharmaceutical that fails to warn of serious side effects.

Florida’s Product Liability Standard

Florida Statute § 768.04 allows recovery when a product is unreasonably dangerous and causes injury. Courts consider whether:

  • The product is more dangerous than a reasonable consumer would expect
  • The product has a defect that makes it unreasonably dangerous
  • The defect existed when the product left the manufacturer’s control
  • The defect caused the injury
  • The user used the product in a reasonably foreseeable way

Common Product Defect Cases

Automotive Defects

  • Faulty brakes, accelerators, or steering systems
  • Defective airbags or safety belts
  • Dangerous tire blowouts
  • Transmission or engine failures
  • Fire hazards or electrical failures
  • Recall non-compliance

Consumer Products

  • Dangerous toys and children’s products
  • Defective appliances (stoves, refrigerators, washers)
  • Furniture defects (unstable dressers, cribs)
  • Electrical shock hazards
  • Sharp edges or choking hazards
  • Flammable materials

Pharmaceuticals and Medical Devices

  • Dangerous drug side effects (FDA recalls)
  • Birth defects from maternal drug exposure
  • Inadequate warnings of serious risks
  • Defective pacemakers, joints, or implants
  • Failure to warn of contraindications
  • Off-label marketing of dangerous uses

Tools and Equipment

  • Power tool safety failures
  • Machinery without adequate guards
  • Defective ladders or scaffolding
  • Chainsaw and lawnmower blade failures
  • Construction equipment defects

Food and Beverage

  • Contaminated food products
  • Undisclosed allergens
  • Foreign objects in food
  • Foodborne illness
  • Mislabeling of ingredients

The Role of Product Recalls

When a manufacturer discovers or the government identifies a product defect, a product recall is issued. Important points:

  • A recall is evidence of a defect but doesn’t eliminate liability
  • Manufacturers often recall products years after injuries occur
  • Failure to comply with recalls increases liability
  • Even without an official recall, a known defect supports liability
  • Documents about recalls are crucial evidence in lawsuits

Strict Liability and Negligence

Florida allows product liability claims under two theories:

Strict Liability You don’t need to prove the manufacturer was negligent or careless. You only need to show:

  • The product was defective
  • The defect made it unreasonably dangerous
  • The defect caused your injury
  • You used the product in a foreseeable way

This is a powerful theory because it focuses on the product’s condition, not the manufacturer’s conduct.

Negligence Alternatively, you can prove:

  • The manufacturer breached a duty to design/manufacture/warn safely
  • The breach caused your injury
  • You suffered damages

Both theories can apply to the same product defect.

Breach of Warranty

Florida’s Uniform Commercial Code allows claims for breach of express and implied warranties:

Express Warranty Claims that manufacturer made about the product (“This ladder holds 300 pounds”) that proved false.

Implied Warranty of Merchantability Products must be fit for their ordinary purpose. A brake that doesn’t brake violates this warranty.

Implied Warranty of Fitness for a Particular Purpose If the manufacturer knew of a specific use and recommended the product for that use, it must be safe for that purpose.

Damages in Product Liability Cases

Medical and Treatment Damages

  • Emergency room and hospital bills
  • Surgery, anesthesia, and medications
  • Doctor visits and specialist care
  • Physical therapy and rehabilitation
  • Prosthetics, wheelchairs, and assistive devices
  • Home modifications for disability
  • Future medical care for permanent injuries

Economic Damages

  • Lost wages during recovery
  • Lost earning capacity if permanently disabled
  • Lost business income
  • Costs to replace the defective product
  • Costs to repair property damaged by the product

Non-Economic Damages

  • Pain and suffering
  • Emotional distress and trauma
  • Scarring and disfigurement
  • Loss of limb or bodily function
  • Loss of enjoyment of life
  • Impact on relationships and activities
  • Permanent disability

Punitive Damages In cases where the manufacturer acted with gross negligence, recklessness, or intentional disregard for safety, Florida allows punitive damages. These go beyond compensating you — they punish the manufacturer and deter similar conduct.

For example, if a manufacturer ignored a known defect and chose not to fix it for cost reasons, punitive damages are appropriate.

Why Manufacturers Settle Product Liability Cases

Manufacturers fear product liability trials because:

  • Defects are often objective and undeniable (brake fails, airbag doesn’t deploy)
  • Juries sympathize with injured consumers harmed by large corporations
  • Internal documents often reveal the manufacturer knew of the defect
  • Punitive damages can be substantial, deterring future negligence
  • Adverse verdicts create precedent for other injured consumers
  • Negative publicity damages brand reputation and sales

Large verdicts and settlements send messages that spur additional recalls and increased safety.

The Statute of Limitations and Discovery Rule

Florida’s statute of limitations for product liability is two years from the date of injury under Florida Statute § 95.11. However, Florida recognizes the “discovery rule,” meaning:

  • If the defect is not immediately apparent, the clock starts when you discover (or should have discovered) it
  • For example, a pharmaceutical defect causing birth defects years later might not be discovered for years
  • The discovery rule extends the statute of limitations in appropriate cases

We move quickly to investigate and file suit before any deadline expires.

Important Evidence in Product Liability Cases

We gather critical evidence including:

  • The defective product itself (preserved for expert examination)
  • Photographs of the product and injury
  • Recall notices and regulatory documents
  • Manufacturer’s internal documents (emails, memos, test results)
  • Prior complaints about the same defect
  • Expert reports establishing the defect
  • Medical records documenting injuries
  • Regulatory filings with the FDA, NHTSA, or CPSC

Why You Need a Product Liability Attorney

Product liability cases are complex and expensive. Manufacturers have large legal teams and substantial resources to defend themselves. You need an attorney with:

  • Expertise in product liability law
  • Relationships with engineers and product safety experts
  • Resources to hire experts and conduct investigations
  • Access to discovery tools to obtain manufacturer documents
  • Trial experience in complex product cases
  • Knowledge of regulatory agencies and recall processes
  • Ability to fight well-funded corporate defendants

At Ogle Law Firm , we handle product liability cases on contingency. You pay no upfront fees — we invest in your case because we believe it’s winnable.

How We Build Your Product Liability Case

  • Obtain and examine the defective product
  • Retain qualified engineering or medical experts to establish the defect
  • Investigate the manufacturer’s history and prior recalls
  • Request internal manufacturer documents through discovery
  • Identify similar injuries reported to regulators or in other lawsuits
  • Quantify all damages with medical and economic experts
  • Negotiate aggressively or prepare for trial

View our case results to see how we’ve fought for clients in product liability cases like yours.

If you or a loved one has been affected, we may also be able to help with:

Contact Ogle Law Firm Today

If you’ve been injured by a defective or dangerous product, don’t wait. Call Ogle Law Firm immediately at (386) 253-2500 for a free consultation. Florida’s statute of limitations is strict, and evidence can disappear. We work on contingency — you pay nothing unless we recover compensation. Our experienced product liability attorneys will investigate the defect, hold the manufacturer accountable, and fight for maximum damages for your injuries and losses in Daytona Beach , Florida.