We trust that the products we buy are safe when we use them the way they are meant to be used. When that trust is broken and a defective or unreasonably dangerous product causes serious injury, you need a Florida product liability lawyer who knows how to hold powerful companies accountable. Attorney Tyson Kutner represents people across South Florida who have been hurt by unsafe products — and he is not intimidated by the manufacturers, or the insurers and lawyers they hire to fight these claims.
Who can be held responsible
When a defective product injures someone, responsibility does not stop with the company that built it. Depending on the facts, the manufacturer, the distributor, and the retailer can each be held legally responsible. These claims can proceed under both negligence and strict liability — which means you generally do not have to prove the company intended any harm. Under a strict liability theory, what matters is that the product was defective or unreasonably dangerous and that the defect caused your injury. As your product liability attorney, Tyson Kutner identifies every party in the chain of distribution, because each one may carry separate insurance and open another source of recovery.
The three types of product defects
Most product liability cases turn on one of three kinds of defect, and pinpointing which applies is central to building your claim:
- Design defects — the product is inherently dangerous as designed. The flaw exists in the blueprint itself, so every unit that comes off the line carries the same risk.
- Manufacturing defects — an error during production made this particular unit dangerous, even though the design was sound. A single bad batch, a missing part, or a faulty assembly step can be enough.
- Marketing or warning defects — the product reached you without adequate warnings or instructions for safe use, leaving you exposed to a danger you had no fair way to anticipate.
A single case can involve more than one of these defects, which is why a thorough investigation is so important.
How these cases are proven
Product liability claims are among the most technically demanding in personal injury law. Proving that a product was unsafe — and that the defect, not something else, caused your injury — often requires engineering and technical experts who can analyze the design, the manufacturing process, and the warnings that did or did not accompany the product. Manufacturers and their insurers know how high the stakes are, and they defend these cases aggressively, with deep resources and experienced defense teams. Tyson Kutner builds each claim with the expert support and the deep understanding of how to prove a product was unsafe that it takes to stand up to that defense.
Examples of dangerous products
A dangerous product can be almost anything we rely on in daily life. The defective and unreasonably dangerous products behind these claims include:
- Defective auto parts and tires — failures that cause crashes, rollovers, and blowouts
- Dangerous appliances — household and commercial machines that overheat, malfunction, or catch fire
- Defective medical devices — implants and equipment that fail or cause harm
- Unsafe consumer products — everyday goods that injure when used as intended
- Dangerous recreational products — equipment and watercraft that put users at serious risk
What compensation covers
A successful product liability claim is meant to make you whole for the harm a defective product caused. The compensation available typically includes your medical expenses — both the bills you already face and the cost of future care — along with lost wages and reduced earning capacity if your injuries keep you from working, and damages for the pain and suffering you have endured. The strength of your claim, and what it is ultimately worth, depends on the severity and permanence of your injuries and the evidence behind them. It is also important to know that Florida sets filing deadlines for these claims, and those deadlines can vary — so consulting an attorney promptly is one of the best ways to protect your right to recover.
Serving South Florida
From our office in Palmetto Bay, Florida product liability lawyer Tyson Kutner represents people injured by defective products throughout Pinecrest, Cutler Bay, Kendall, Coral Gables, South Miami, Key Biscayne, Homestead, the Florida Keys, and across Miami-Dade County.
If you or someone you love was hurt by a dangerous product, contact Kutner Personal Injury for a free, no-obligation consultation — you pay nothing unless we win.
In the news
Kutner Personal Injury, with co-counsel Goldberg & Rosen, P.A., has filed a product-liability lawsuit after a Sea-Doo Switch accident left an 18-month-old child catastrophically injured. Read about the Sea-Doo Switch lawsuit → (Allegations have not been proven in court.)
