January 5, 2016

Product Liability and the Latest Recall

Categories: Uncategorized

Work with the skilled Tampa Product Liability attorneys!

At Wagner, McLaughlin & Whittemore, we have seen many product liability cases over the years. Product liability arises when a defective product injures a consumer who was using the product as manufacturers intended. There are generally three types of product liability: (1) defective manufacture; (2) defective design; and (3) inadequate warning or instruction for proper use of a product.

Defectively manufactured products were flawed at some point during the fabrication process. They are usually different from the other products on the shelf. For example, a tainted batch of cough syrup poisoned by a contaminate would constitute a defectively manufactured product.

Defectively designed products are inherently flawed as a group due to their dangerous design. The whole line of products is dangerous even when the manufacturer’s instructions are followed perfectly.  For example, a line of sunglasses which do not protect the wearer’s eyes from the harmful ultraviolet rays of the sun would be considered a defectively designed product.

Inadequate warning or instruction claims arise when a product is dangerous in some way that is not obvious to the average consumer. For example, a corrosive, chemical paint remover that is sold without adequate instructions for its safe handling and use would fall in this category.

Product liability has again been in the news lately, this time involving General Motors, which has settled more than 300 claims of wrongful death or personal injury following32 accidents tied to a defective ignition switch. The defect, which can shut off the power while the car is in motion, disabling its airbags and impeding the steering and brake systems, has forced the company to recall more than 2.6 million of its small cars. There are currently 53 claims of wrongful death and 273 personal injury claims involving the recalled vehicles. While it is unclear if the underlying problem is a manufacturing defect or a design defect, GM has claimed responsibility and said it plans to compensate victims in the class action suit.


The Tampa accident firm of Wagner, McLaughlin & Whittemore works hard to protect the rights and resources of individuals injured by defective products. Click here or call us today at (813) 225-4000 for a consultation with an experienced Tampa Bay personal injury attorney.

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