Miami Product Liability Attorneys | Miami Defective Product Lawyers

What Is a Product Liability Case?

Every day more and more products are placed into the market for use or purchase by consumers. Technology is advancing at an incredibly fast rate and as a result we are seeing more new products placed into the stream of commerce now than at any other time in this Country’s history. Although we would like to believe that every company takes the time to ensure that the products they design and manufacture are safe for use by consumers, that is not always the case.

Some products get rushed to market or corners are cut during the design or manufacturing process to increase profits. When this happens and a consumer is injured, a products liability case is born. At its core, a products liability case results when a defective product causes an injury to a consumer and the injury is the result of the defect in the product.

For detailed information on how our attorneys can help with your Miami product liability case, call us at (305) 638-4143 today!

Who Is Responsible in a Product Liability Case?

When a consumer is injured by a defective product, it is important to identify all the parties that can be held liable. In Florida, any manufacturer, distributor, wholesaler, or retailer that is part of the “distribution chain” is responsible for the injuries caused by the defective product. This means that if a defective produce is delivered from the manufacturer to a distributor that then passes the product along to a local store that sells the product to the consumer, all these parties are responsible.

The policy behind this is that the entire production and supply “machine” is better able to bear the cost caused by injuries to a consumer than the consumer themselves. It is important that your attorney identify and name all responsible parties in a product liability action. There is also a good chance that you can avoid being removed to federal court, a generally unfavorable venue for plaintiffs, if you can identify the local seller of the defective product and name them in the lawsuit.

What Are the Causes of Action in a Product Liability Case?

In Florida, a consumer injured by a defective product can generally pursue compensation under three theories of recovery:

1. Design Defect

A design defect occurs when a product is inherently dangerous due to the way it was designed, even if manufactured correctly. Florida courts apply the consumer-expectation test and/or the risk-utility test to determine whether a design is unreasonably dangerous. If a safer alternative design was economically and technologically feasible at the time the product was made, the manufacturer may be held liable.

2. Manufacturing Defect

This defect arises when a product deviates from its intended design due to an error in the manufacturing process. For example, if a car tire is manufactured with substandard materials and it blows out while driving, causing injury, this could form the basis of a manufacturing defect claim.

3. Marketing Defect (Failure to Warn)

A product may also be defective if it lacks proper instructions or warnings about risks associated with normal use. Under Florida law, failure to adequately warn consumers about known or foreseeable dangers can result in liability—particularly for pharmaceuticals, chemicals, and other hazardous items.

All 3 of these theories are distinct and require specific proof. Having these multiple theories available does not mean that a plaintiff can recover multiple times for the same damages, it just means that a plaintiff has options as to how they will prove their case.

A plaintiff may also choose to proceed under any combination of the theories. This means that a plaintiff could attempt to prove their case by using one or all three of the theories of recovery. Although there are three different theories available, three common elements must be proven no matter which theory a plaintiff chooses.

Those elements are:

1. there must be a defect in the product
2. the defect must cause plaintiff’s injury
3. the defect must have been present when the defendant parted with possession of the product

Common Examples of Defective Product Cases in Florida

Product liability can apply to a wide range of everyday consumer goods, industrial equipment, and medical devices. At Flanagan & Bodenheimer, we have experience handling complex defective product cases involving:

• Defective medical devices (e.g., hip implants, pacemakers, surgical mesh)
• Dangerous pharmaceutical drugs with inadequate warnings
• Household appliances causing fires or electric shock
• Power tools or construction equipment lacking proper safety guards
• Auto defects, such as faulty airbags, brakes, or fuel systems
• Defective children’s toys with choking hazards or toxic materials
• E-cigarettes or vape pens that explode or malfunction
• Ladders, scaffolding, or furniture that collapses under normal use
• Contaminated food products leading to foodborne illness or allergic reactions
• Defective helmets or safety gear that fail during impact
• Faulty pressure cookers or kitchenware that explode or shatter unexpectedly
• Hoverboards or electric scooters prone to battery fires or mechanical failure
• Swimming pool drain covers that create dangerous suction hazards
• Unstable shelving units or tip-prone furniture leading to crush injuries
• Defective car seats or booster seats that fail to protect children in crashes
• Gas grills or propane tanks with defective valves or regulators

Each case requires detailed investigation, expert analysis, and a strong understanding of product liability law and consumer safety standards. Our legal team works with engineers, forensic analysts, and medical professionals to build a compelling case on your behalf.

Class Action vs. Individual Product Liability Claims

When a defective product injures multiple people, victims sometimes wonder whether to join a class action or file an individual lawsuit. The right path depends on the specifics of your case.

Class actions can be efficient for resolving widespread harm caused by products like defective medical devices or recalled drugs. However, they often result in lower, shared settlements and limit your ability to tell your unique story or seek compensation tailored to your specific injuries.

At Flanagan & Bodenheimer, we evaluate every case to determine whether an individual product liability claim would better serve your interests. For many clients, filing an independent lawsuit allows for:

• Greater control over your case
• More personalized compensation for your damages
• The ability to bring claims for pain and suffering, emotional distress, and long-term care

If you’ve been harmed by a widely used product, we can help you determine whether to join an existing class action or pursue a more strategic, individualized claim.

What Should I Do if I’ve Been Injured by a Defective Product?

If you believe you’ve been injured by a defective product, your actions in the hours and days following the incident can greatly affect the strength of your potential legal claim. Preserving evidence, seeking medical care, and contacting a knowledgeable attorney are critical steps toward protecting your rights.

Here’s what you should do:

1. Preserve the Product and All Related Materials

If it’s safe to do so, do not throw away the product, any broken parts, packaging, instructions, or receipts. Keep the item in the exact condition it was in when it failed or caused harm. These items are critical pieces of evidence that can help prove:

• How the defect occurred
• Whether the product was misused or used as intended
• The condition and labeling at the time of purchase

Even seemingly small details like product labels, expiration dates, serial numbers, or safety warnings can become crucial to your claim.

2. Take Detailed Photos and Video

Photograph the defective product from multiple angles, along with the surrounding area if relevant (e.g., if the product exploded, caught fire, or caused a spill). Also document:

• Your physical injuries (bruises, burns, lacerations, etc.)
• Any damage to property or other objects involved
• The packaging or instructions that came with the product

Video evidence can also be helpful if it captures how the product failed or the immediate aftermath of the incident.

3. Seek Prompt Medical Attention

Even if your injuries seem minor, it’s important to see a doctor immediately. Not only is this vital for your health, but your medical records will serve as key evidence linking the injury to the product. Be sure to explain to the physician exactly how the incident happened, and mention the product involved.

Delaying medical treatment can not only worsen your condition—it can give insurance companies an excuse to question the severity or cause of your injuries.

4. Write Down Everything You Remember

As soon as possible after the incident, write down or record a detailed account of what happened. Include:

• How and when you used the product
• Whether you followed any instructions or warnings
• What happened during the incident (sounds, smells, movements, etc.)
• How your body reacted and where you were injured

Over time, memories fade. Keeping a contemporaneous log of your experience, symptoms, and emotional impact can help support both economic and non-economic damage claims.

5. Contact a Product Liability Attorney Immediately

The sooner you involve an experienced product liability attorney, the better your chances of preserving critical evidence and identifying liable parties. At Flanagan & Bodenheimer, we can:

• Launch an immediate investigation into the product defect
• Retain engineering and product safety experts
• File preservation letters to prevent destruction of evidence
• Determine whether others have been injured by the same product
• Communicate with manufacturers, insurers, and corporate defense teams on your behalf

Frequently Asked Questions

What damages can I recover in a defective product case?

You may be entitled to compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Permanent disability
• Future medical care

What if I no longer have the product? Can I still file a claim?

It may still be possible, but having the product is crucial evidence. If you’ve been injured, try to preserve the item. If the product is gone, contact an attorney immediately to explore other options for proving your case.

Can I sue if I was using the product in an unintended way?

Possibly. If the use was reasonably foreseeable, the manufacturer may still be liable. For example, using a stool as a step ladder may still qualify if that use is common.

Are product recalls required before I can file a claim?

No. A product does not need to be recalled to file a claim. In fact, many dangerous products have never been recalled despite causing injuries.

Can I file a claim if the product was made outside the U.S.?

Yes. Foreign manufacturers and their U.S. distributors can be held liable for defective products sold in Florida. Your attorney can help identify the proper parties to sue.

Why Choose Flanagan & Bodenheimer for Your Product Liability Case

Defective product cases require more than just legal knowledge—they demand attention to detail, aggressive investigation, and unwavering dedication. At Flanagan & Bodenheimer, we are proud to offer all three. Here’s why injured consumers across Florida trust us with their product liability claims:

• Focused Practice: We exclusively handle personal injury and wrongful death cases, allowing us to go deep—not broad—into the laws that matter most to your case.
• Small Caseloads, Big Results: We take fewer cases so we can give each one the time and attention it deserves. You’ll never be treated like a number.
• Proven Results: Our attorneys have recovered millions of dollars in complex injury claims, including defective product lawsuits against major corporations.
• Personalized Representation: You’ll work directly with your attorney—not a case manager—and receive regular updates and one-on-one support throughout the legal process.
• Contingency Fee Model: You don’t pay us unless we win. We believe everyone should have access to top-tier legal representation, regardless of financial status.

We serve clients throughout all of Florida, including Miami-Dade, Broward, and Palm Beach Counties. We offer free, no-obligation consultations to help you understand your legal rights. You can reach us at (305) 638-4143 or you can fill out our contact form. Let us help you get the justice you deserve.