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How Does Florida Handle Product Liability?
The last thing you want to consider when buying a product is whether it will cause you more harm than benefit.
It is not unusual for products to fail, but it’s a whole other story when the product causes you serious harm or worse. Florida law mandates that all manufacturers, distributors, and sellers must meet strict safety standards.
When tragedy strikes, however, the state gives consumers the right to action against those responsible for their injuries caused by a product. Our attorneys at W. Lee Clark & Associates provide you with a helpful overview of product liability lawsuits. Please call us at (941) 207-7477 if you have further questions.
Who Is Responsible for Defective Products?
Florida law protects consumers from defective products. These statutes cover all consumer products, including toys, appliances, and medications. In this context, there are three main ways a company can be held responsible for a defective item:
Design
Even when manufacturing goes smoothly, the design of a product can be flawed. This can be dangerous for consumers. One example of a design defect is a prescription drug with harmful side effects for patients who take it.
A toy with small parts is another example of a defective product, even if the manufacturer intended the toy to be used by children. In this case, a company may be held responsible if, despite the fact that the product was used as intended or reasonably, it is still dangerous. In the event that a consumer misuses a product in an unexpected way and is injured as a result, it will not be a design issue.
Imagine, for example, that you want to claim damages due to a design defect. You will have to prove you used the product in the way it was intended or as the manufacturer would have expected. If you fail to pass this test, it may prevent your compensation.
Manufacturing
Manufacturing defects can occur during the process of building, assembling, or creating the product. In such cases, even though the design is safe, an error in the manufacturing facility could have caused hazards to the consumer. The product could cause injury to the consumer.
A manufacturing defect could be an OTC medication that was contaminated in the manufacturing facility. The medication may be safe and effective, but it was contaminated unintentionally. This is what caused the injury to the consumer.
If you are seeking compensation for a manufacturing mistake, you must prove that you have used the product as it was intended or in a foreseeable way.
Marketing
A product’s warning is often inadequate. Let’s say, for example, that a manufacturer is selling a cleaning product. The manufacturer must make the risks of the product clear to the purchasers if the product is potentially dangerous when in contact with the skin. The lack of reasonable instructions and labeling can also cause problems or risks, as consumers are likely to use the product differently than the manufacturer intended.
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Product Liability Damages in Defective Products Claims
In the case of product liability, the amount you can recover depends on several factors. You are more likely than not to receive a large amount of compensation if you have suffered serious injuries.
You may be held partially responsible for your injuries in some cases. In this case, you may be entitled to fewer damages. Florida has a rule of pure comparative negligence, meaning that if you’re partially responsible for your injuries you can still receive damages, but your damages will be reduced to reflect your fault.
Florida allows you to recover product liability damages, even if the manufacturer is at fault. If you were 60% responsible for your injuries, and you suffered $100,000 in damages you may be able to recover $40,000 from a manufacturer. The $60,000 deducted from your total damages is your percentage of fault.
Florida Product Liability Statute of Limitations
Florida has a Statute of Limitations which essentially limits the time for filing a claim. This prevents people from filing product liability claims too late. Florida’s statute of limitations on personal injury claims, which includes product liability, is four years. If someone dies because of a defective item, then the statute of limitation is two years.
State law also establishes a statute of repose that limits the time allowed to file a lawsuit after the purchase or manufacture of a product. If the product is only expected to last 10 years, then you have 12 years from the date of purchase to file a lawsuit.
Defenses against Product Liability
Defense attorneys often claim that the product was safe at the time it was manufactured or shipped, but later claim the consumer had modified the product. A common defense is the claim that the product was used in a way not anticipated by the consumer. Some products may have clear warnings about the risks of the product and foreseeable risks. The defendant can argue that the user assumed those risks.
Each case is unique. Your lawyer can assess your claim, and the possible defenses the seller or manufacturer of the product may claim. Your lawyer will then be able to build a solid legal strategy that includes counter-arguments for the defendants’ anticipated arguments.
W. Lee Clark & Associates products liability lawyers know how to hold manufacturers accountable for putting defective products on the market. We will fight for you to receive compensation if you have suffered harm due to a product injury. Contact us by email, or call (941) 207-7477 for a consultation with an experienced attorney today.
