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Consumer goods are a necessity in today’s world. They help us get through our busy days. Almost everything that a person uses, whether it is their smartphone or prescription drugs, is mass-produced in factories.
When you buy and use someone else’s product, it is implicitly assumed that the item will be safe to use if used correctly for its intended purpose. At this point, product liability laws are brought into play. This is especially true when serious injuries occur from the use of a product, even if it was used as instructed.
You should contact a Personal Injury Lawyer if you or a loved one in Florida has been injured by consuming faulty products. You can use their assistance to file a product liability lawsuit and demand compensation for your injuries.
Here are seven important things to know about Florida product liability laws.
Florida Product Liability Lawsuits Require a Strong Basis
A plaintiff who wants to win a lawsuit for product liability must be able to prove that the manufacturer is responsible for any injuries caused by the product. Florida plaintiffs have two options to sue a manufacturer.
In order to establish negligence, you have to prove that the manufacturer’s actions were the main cause of the injuries. A negligence theory results from product design, production, description, warranty breach, and false confirmation.
The case of negligence can appear in different stages of the product development cycle. These situations can include, but are not restricted to:
- Inadequately reviewing product plants
- Failure to maintain machines and equipment that are used for manufacturing any or all components of a product.
- Product testing is not thorough enough before release
In order to prove negligence, a plaintiff can also cite any breach of warranty. A buyer of a product can rely upon two types of warranties: the express warranty and the implied warranty.
The Express Warranty
Consists of a list of promises made by a manufacturer to support its product. These include the right to repair or replace a defective product.
The Implied Warranty
It is a promise by the manufacturer that a product will be safe to use when used for its intended purpose.
A strict liability approach is another way to handle the issue. In order to do so, the plaintiff must prove that a defective product existed before it left the factory, and was dangerous when it reached a customer.
Plaintiffs must show at least one of these things to prove that the defendant is strictly liable.
Defective design
Cases involving defective design usually assert that the product is unreasonably hazardous because of its own design. Florida uses the consumer expectation test to determine if a product’s price is too high.
According to the consumer
Expectations test, a product can be considered unreasonably dangerous if its intended and normal use does not meet consumer expectations.
Manufacturing defect
A claim made on the grounds of manufacturing defects must prove that something went awry during the manufacturing process. The manufacturing facility is defective, and any attempts to make a product safe are nullified. Even if the product is used as intended, the plaintiff can still hold the manufacturer responsible for injuries.
Marketing defect
A claim for marketing defect must prove that the manufacturer did not provide adequate warnings to allow the plaintiff to be cautious. The plaintiff must prove that the manufacturer failed to issue adequate warnings that would have allowed the plaintiff to exercise caution.
The American National Standards Institute is responsible for product warnings. It also issues rules and regulations regarding safety symbols and signs, and product labels.
According to ANSI, warning labels should serve the following purposes.
- Inform consumers of the risks they face and their severity.
- Inform the consumer about the potential adverse effects that a given risk may have.
- Tell the consumer how to avoid any risks associated with the product.
- “Choking Hazard” label is one example. It’s printed on toys for children with small parts. Choking hazard labels usually indicate the appropriate age range for the product. The label also warns that small pieces can cause choking in younger children.
- In Florida, a missing choking-hazard label can be enough to justify filing a claim for product liability.
Florida Statute Limitations for Product Liability Lawsuits
Florida, like other parts of the United States, has established a time bar for filing a product liability lawsuit. It is advisable to get in touch with your Florida personal injury lawyer immediately as soon as you are injured due to a product manufacturer’s carelessness.
Statute of limitations and statute of repose are two of the most important time limits.
The Florida product liability statute of limitations is two years after the date of injury. This is reduced to two years in the case of wrongful death. If the plaintiff discovered the injury at a later time, they could apply for an extension under the discovery rule.
The statute of repose also prevents an individual from bringing a product liability lawsuit if the product that caused the injury had already exceeded its useful life at the time the injuries occurred. This statute applies to all food and pharmaceuticals that must be marked with expiry dates by law. The manufacturer is not liable for any injuries caused by the plaintiff consuming expired food or medicines.
Florida Follows the Pure Comparative Negligence Rule
The pure comparative rule considers the contribution of both parties to the accident and affects the amount of compensation to be awarded. If the court determines that the plaintiff is 30% responsible for damages of $150,000, he or she will only be awarded $105,000 in compensation.
The modified comparative negligence rule, in states that use it, holds that a claimant cannot receive compensatory damages even if they have been found at least 50 percent at fault. Pure comparative negligence allows the plaintiff to receive compensation and helps the defendant reduce costs.
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Florida’s Product Liability Laws Do Not Only Apply to Manufacturers
In Florida, a plaintiff may seek compensation from anyone involved in the chain of distribution for a defective product. In a product liability suit, the plaintiff can name as defendants the manufacturer, wholesalers, and retail outlets.
- Manufacturers — Depending on the complexity and size of the defective product, the claimant may be able to name several manufacturers in the product liability suit. It is common for manufacturers to use parts made by other factories. This is especially true for automobile vehicles that are made up of hundreds of moving components sourced from multiple original equipment manufacturers.
- Retailers– A retailer may also be held liable for damages due to product liability. When a retailer accepts a product into their inventory and sells it, they ensure that the product is safe for its intended use.
- Wholesalers — Like retailers, wholesalers are responsible for ensuring the safety of the products they distribute. It’s always best to identify all parties involved in a product’s new distribution. It’s because companies change their names and form all the time due to mergers, buyouts, and acquisitions.
There Are Four Elements to a Successful Product Liability Claim In Florida
After an accident caused by a defective product, it is important to discuss the merits with a personal injury attorney in Florida. You will want to discuss four important things with your lawyer.
- Evidence of injuries and losses – Injuries, property damage, lost profits or wages, and economic losses are all required for a product liability claim.
- Defective Products– The plaintiff has to prove that the product was defective in design or manufacturing. You must also prove that the manufacturer of the product failed to warn users about the potential risks.
- Causative relation between defective product, injury– In order to have a product liability case heard in court, the plaintiff has to show that the defect of the product directly caused injuries and losses. The plaintiff must also prove that the defect in the product caused the accident. This means there were no superseding actions that could shield the maker from liability. These acts include properly issued product warnings.
- The product was used as intended– Products are designed for a specific purpose. While it’s possible to haul heavy construction materials with your sport utility vehicle, this is not usually the intention of the manufacturer. Injuries or damages resulting from this cannot be held liable by the SUV manufacturer.
A plaintiff must prove that the defective product was the cause of the injury or loss, even if the product is used correctly, to win a claim for product liability.
Two Types of Damages Can Be Awarded in a Product Liability Case In Florida
The goal of a product liability suit is to award damages. Florida courts can award damages in two different categories: compensatory damages and punitive damages.
Compensatory damages, as their name implies, are awarded in order to compensate plaintiffs for the costs of recovery. This includes, but is not limited to, medical expenses, lost profits and wages, and property damage. If you can prove that you have suffered bodily injury, you may also be entitled to compensation for noneconomic losses such as pain and discomfort.
Florida courts award only compensatory damages in most cases. A Florida court may, at its discretion, award punitive damages if the defendant has been particularly negligent or damaging. Punitive damages can be awarded by a Florida court to the plaintiff as a punishment for the defendant.
In Florida, a Retailer Is Responsible for Defective Products Sold
Even if the retail store did not manufacture any of the items in its inventory, it has a duty to make sure that all products are safe to use. This is known as an Implicit warranty and is a valid basis for a product liability suit.
Three things you should remember when filing a complaint against a retailer
- Plaintiffs do not have to be the original purchaser of the defective item. If you are injured by a defective vehicle, you can still file a product liability suit, even if it was rented. You can sue either the manufacturer or the rental company for damages, depending on the circumstances.
- Plaintiffs do not have to be users of the defective products. A defective lawnmower that was being used by the salesperson to test it for you may have a blade that has come loose. This is a valid basis for a product liability claim.
- If you buy used goods, you may be entitled to compensation. It is a developing area of law that allows you to sue the manufacturer even if you were not the original purchaser. It is especially true for second-hand products. Cases like this one are rare, and they vary from case to case.
Do You Need a Product Liability Attorney in Florida?
It is possible that the adverse effects of a defective product may not be immediately apparent. It can take many years before the negative effects of chemical-based products are fully felt. If you or someone else has suffered injuries and other damages due to a defective product, immediately contact your personal injury attorney.
W. Lee Clark & Associates, a Florida law firm, specializes in personal injury claims of all kinds. We represent clients who have suffered injuries or losses as a result of other people’s negligence. Contact us today to get the compensation that you deserve.
