Common Types of Product Injury Claims

Defective products hurt people in every part of life. The legal theories on the other pages apply to all of them: manufacturing, design, and warning defects, plus negligence and warranty. Each kind of product also raises its own practical questions.

Here are the categories we hear about most.

Consumer products

These cover the everyday items sold to the public: tools, lighters, grills, heaters, furniture, and sports gear.

Questions that often matter:

• Did the product have clear instructions and warnings?
• Was the product made the same way each time?
• Was the injury the kind the maker could have foreseen?
• Who sold it, and who imported it?

Keep the product, its packaging, and its labels. Federal safety rules apply to many consumer products, and the agency that handles them is the CPSC. See recalls and federal agencies.

Vehicles and auto parts

This category includes cars, trucks, motorcycles, and the parts inside them: brakes, steering, airbags, seat belts, fuel systems, roofs, and seats.

Key points:

• The federal agency is NHTSA, which publishes recalls and takes safety complaints.
• Some vehicle cases claim the vehicle made the injuries worse than they should have been. These are called crashworthiness or "enhanced injury" claims. The committee note to instruction 403.16 discusses how Florida apportions fault in such cases.
• Keep the vehicle. Do not let it be crushed or sold for salvage until it has been inspected.
• Vehicles carry event data, and that data can be lost if the battery is disconnected or the car is repaired.

Defective tires

Tire failures can cause rollovers and serious crashes.

What to know:

• Tires carry a code stamped on the sidewall. Its last four digits show the week and year the tire was made. Photograph it.
• Keep the tire, even if it is shredded. Pieces matter.
• Maintenance history, age, storage, and repairs all become issues. Keep receipts.
• The maker may blame underinflation, damage from the road, or age. An expert usually has to examine the tire.
• NHTSA handles tire recalls.

E-bikes, scooters, and lithium batteries

Rechargeable lithium-ion batteries power e-bikes, scooters, phones, tools, and many other devices. A failed battery can overheat, catch fire, or explode.

What to know:

• Keep the battery, charger, and the device. Do not attempt to use them again.
• Photograph the scene and any burn marks.
• Keep the receipt, the seller's name, and the model.
• Government agencies have issued public safety warnings about battery fires, and the CPSC handles reports and recalls for many of these products.
• The cause may be the cell, the pack, the charger, or the way the product was designed.
• Fire investigators and engineers may need to inspect the scene before it is cleaned up.

Household appliances

Ovens, space heaters, dryers, dishwashers, pressure cookers, and other appliances can cause burns, fires, and electrical injuries.

What to know:

• Keep the appliance and its power cord.
• Do not let a repairman or insurer remove it without telling us.
• Photograph the outlet and the wiring.
• The instruction notes recognize that when a product fails during normal operation, a legal inference of defect may arise (Fla. Std. Jury Instr. (Civ.) 403.11, Note on Use 2).

Children's products

Cribs, car seats, strollers, high chairs, toys, and clothing are made for the most vulnerable users. Parents are right to expect extra care from the companies that make them.

What to know:

• Many children's products are subject to additional federal safety rules.
• Warnings and instructions matter a great deal, including whether a parent could understand them.
• A child's age and behavior are part of what is "reasonably foreseeable."
• Claims for children have special rules about deadlines and settlement approval. Ask us early.
• Keep the product, the packaging, and the registration card.

Medical devices

Implants, pumps, monitors, surgical tools, and similar devices are used inside or on the body.

What to know:

• The agency is the FDA, which publishes safety communications and recalls.
• Federal rules may affect some claims involving certain devices. That is a complicated area that depends on the device and how it was approved.
• A device often reaches a patient through a surgeon. The "learned intermediary" defense may arise. See failure to warn.
• If a device is removed in surgery, ask that it be preserved. Do not let it be discarded.
• Keep the implant card and the device identification number.

What to do now

1. Get medical care.
2. Keep the product and everything that came with it.
3. Photograph labels, codes, and numbers.
4. Do not send it back to the company.
5. Call us before you talk to an insurer.

Talk to us

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

This page is general information, not legal advice. Every case is different.