Assigning fault can be complex and is at the core of product liability cases. In other words, it depends on the case. Defects can occur in the design, manufacturing, or marketing of a product.
Defective Design – When the design is considered the problematic component, that means that the design that was used to make the product is unreasonably dangerous. Florida courts use the consumer-expectation test to make a judgment on the unreasonableness of the danger that is claimed.
Manufacturing Defect – When manufacturing is considered at fault, that means the design was reasonably safe, but the product was not manufactured to its specifications.
Marketing Defect – Unsafe marketing can occur via the retailer but also through the manufacturer or supply chain. A key example is that the distributor did not provide sufficient warning notices. If that is the case you present, it’s necessary to prove that damages were foreseeable and that a failure to include a warning led to danger.