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1.305.445.9292


   Defective Products

The central mission of Montoya Law, P.A. is to assist individuals and families in receiving fair compensation for their injuries resulting from accidents involving unsafe and defective products. A defective product injury claim is typically made against a manufacturer when there is credible evidence that a product did not function as intended and/or was flawed in its design resulting in an unexpected product failure. Many times, negligent actions extend beyond the manufacturer of the product and include the distributor, supplier and retailers.

The following are the type claims the firm has handled:

Manufacturing Defects

Products that have some kind of defect due to the poor quality of materials used during the manufacturing process. These claims also include claims for poor workmanship.

Designing Defects

Many times, products fail because of a poor design or due to engineering oversights. These type claims include inaccurate designs, novel untested or poorly tested designs, altered or modified designs, designs for one product used in combination with other unapproved products. The classic example includes the famous Ford/Firestone cases where a poorly designed tire was used with a vehicle that required a different type and style tire.

Marketing Defects

If a producer or distributor or retailer fails to properly warn the consumer of an impending danger that the product may pose, then there is a legal presumption that such a product could cause harm to the user in certain circumstances. Companies that market such products could share in the liability with the manufacturer for failing to warn consumers of potential dangers by using the product in an unintended manner. Example of these claims include ATV rollovers and SUV rollovers.

Breach Of Warranty

If manufacturers, dealers and retailers fail to honor the warranty of the product, which is considered as breach of warranty. A breach of warranty claim is considered a type of product liability and the core argument surrounds whether the breach was to an express or implied warranty.

The Montoya Law, P.A. handles defective product liability claims on a regular basis. Call our office at 1.305.445.9292, if you feel you have a defective product case.