When it comes to what is a design defect, many people wonder if the manufacturer should be held responsible for the injuries caused by their faulty products. The truth is that if a manufacturer is found to have designed a dangerous product, then they should be held legally liable for all damages resulting from that product. However, this is not the case nearly all the time. There are many different reasons why some products can be defective and still remain safe to use.
In cases where a product is known to be dangerous, such as fireworks, the manufacturer’s liability may end at placing a warning on the product. If the manufacturer knows the product is dangerous and does not include an adequate safety warning, then it may be a case of negligence due to inadequate warnings.
Negligence is defined as an act coming into being by willful misconduct or omission. In other words, if a company manufacturer fails to warn a customer of a potentially dangerous product, then it could be considered negligence. It is important to note that if a person is injured by a defective product, then it is possible that they may be able to sue the company for both negligence, and for actual damages. However, you will need to discuss your case with a knowledgeable Florida product liability attorney to determine who should be held liable.