A latent defect is a defect that existed at the time of purchase or construction, but it was not detectable by reasonable inspection methods.
Latent defects can result in product liability cases, but they are not always easy to prove. The plaintiff must demonstrate that the defendant is at fault for this defect which resulted in injuries or damages.
If you have been injured by a product with a latent defect, call Lytal, Reiter, Smith, Ivey & Fronrath today to speak with a product liability lawyer.
Your initial consultation is free.
What is product liability?
Product liability is a branch of law that deals with injuries or damages caused by defective products.
When an injury is caused by the use of a product, anyone who may be responsible for placing that product in the stream of commerce can be held liable under product liability law. This might include a manufacturer, distributor, supplier, retailer, or other involved parties.
Some examples of product defects are:
Design Defects
These are problems that exist in the actual design of the product, making it dangerous for any use. A good example is a car with weak roof pillars, which may collapse during an accident and cause injuries to passengers.
Manufacturing Defects
This type of defect occurs when some mistake happens during the manufacturing of the product, meaning no two items are exactly alike. A common example is a cell phone with an internal flaw that causes it to overheat and explode.
Marketing Defects
This type of defect involves incorrect or inadequate instructions for use or warnings about possible danger.
What is a latent defect?
A latent defect is a defect that existed at the time of purchase or construction, but it was not detectable by reasonable inspection methods.
A latent defect can be a non-conformity, which is the failure of some part of the construction or manufacture to meet the legal standards, or it could also be a flaw that makes the item dangerous.
Patent vs. Latent Defects
A patent defect means there is something wrong with the product that can be seen upon ordinary inspection.
For example, if you are driving a car and the brakes do not work, this would be considered a patent defect.
A latent defect is different because it does not appear until after an item has been used for some time.
For this reason, a latent defect can sometimes be more difficult to prove in court against a defendant than a patent defect.
Examples of a Latent Defect
A latent defect can be anything that makes a product dangerous, even if it only poses some danger to the user. Some examples of latent defects are:
- A cell phone battery that explodes while charging
- A tire that blows out while driving on the highway
- An airbag that does not properly deploy in an accident
- A home with a crack in the wall that was covered by a bookcase during inspections
- A child safety seat that turns out to be faulty
- A knife that is found to have a design flaw
Lytal, Reiter, Smith, Ivey & Fronrath can help you prove a latent defect in your product liability case. Call or email us to set up a free initial consultation.
Can I sue for latent defects in products?
Anyone who distributes, manufactures, or sells a product can be held liable when that product causes an injury to the user.
If you have been injured by a defective product, you may be able to file a lawsuit against the manufacturer, distributor, or seller of that item.
You can also sue anyone involved in placing that defective product into the stream of commerce.
Proving a latent defect case against a defendant may be difficult, but an experienced personal injury attorney can help you build a strong case.
At Lytal, Reiter, Smith, Ivey & Fronrath, our product liability lawyers have over 100 years of combined experience representing people who have been seriously injured or killed due to defective products.
Proving Product Liability Claims
In a product liability claim, the plaintiff has to prove four elements:
The defendant manufactured, distributed, or sold a defective product. The defective product was used as intended or in a reasonably foreseeable manner by the consumer. The defective product caused an injury to the user of that product. The user sustained damages as a result of that injury.
A product liability case can sometimes be based on a manufacturing defect, which is when some mistake happens during the manufacturing of the product, meaning no two items are exactly alike.
Other times, a product liability case can involve a marketing defect, where incorrect or inadequate instructions for use or warnings about possible danger come with the item.
In the case of a latent defect, the user or purchaser of the product may not know there is anything wrong with the item until it has already caused an injury.
This can make it more challenging to prove liability, as the manufacturer or distributor will often try to argue that they could not have known there was anything wrong with the product.
However, it is possible for a plaintiff to prove a latent defect case if the injury only occurred after a period of use.
A product liability attorney can help you file a lawsuit and gather evidence against the defendant who should be held financially responsible for your damages.
Contact a Product Liability Attorney for Help
If you or a loved one has been injured by a defective product, Lytal, Reiter, Smith, Ivey & Fronrath can help.
We expect the highest quality from manufacturers and sellers. They should not be allowed to shirk responsibility when those standards are not met.
Our product liability attorneys will work to prove your case and recover the compensation you need to cover medical expenses, lost wages, and other damages.
Schedule a free consultation with a product liability lawyer in Florida today.
