Products Liability

One of the most important areas of law to insure the manufacture and sale of safe products to consumers is the ability to bring a claim against any manufacturer that causes injury or death to a consumer as a result of a defective product. Attorneys typically refer to this area of law simply as “Products Liability Law.”

Generally speaking, there are implied, and usually expressed, warranties that a manufacturer makes when fabricating a product for use in the marketplace. The three most common types of product liability cases involve injuries or death due to:

  1. There is a design defect associated with the product. When the design of the product is defective, then typically every product made coming off the assembly line is dangerous;

  2. There has been a manufacturing flaw associated with a product that has resulted in injury or death. In this scenario, it’s entirely possible that the design of the product was safe, however, as little as a single “bad unit” came off the assembly line for some reason; and/or

  3. A failure to properly warn on the part of the manufacturer. Many products are just inherently dangerous, which does not make them defective. For example, chainsaws should certainly be handled with great caution, and we would all agree they could be quite dangerous. Therefore, a manufacturer of such a tool has an obligation to properly warn consumers of how to safely use it, and of particular steps that pertain to that particular product to make it as safe as possible.

This is a general overview, and there are many other types of claims that can be associated with defective products (e.g., breach of a variety of warranties). However, also generally speaking, a consumer must show that the product was not altered or modified in any way after production (and before injury), and that the defect in question was the cause of injury or death.

Many auto accident attorneys do not take product liability cases for a few reasons. First, based on my experience, they nearly always wind-up with the need of a lawsuit being filed, expensive experts, and sometimes two years or more of litigation.1 Therefore, they are very expensive and time consuming cases. Additionally, many times they result in several defendants being sued, which can result in an all out war of attrition, thus pitting the resources of a single law firm against wealthy manufacturing companies and their insurers!

Here at Scott M. McPherson, P.A., please be assured that I have handled numerous defective product cases. Several of these cases have required depositions and testimony from all corners of the United States. If I agree to take your defective product case, I commit to aggressively battling these large companies on your behalf!

1 Believe it or not, some “accident attorneys” will not even truly litigate automobile accident cases, and look to settle every case – major RED FLAG!

If you or a loved one has been harmed by a defective product, you should call me for a FREE CONSULTATION so that I can discuss the specific facts involved in bringing the claim. Feel free to call me at 727-848-8892, email me at, or simply fill out the form below. Thank you.