Call Us At (941) 207-7477
You expect your electronics and appliances to serve their purpose as long as possible. It’s only natural to get annoyed when your electronics or appliances suddenly stop working or malfunction because of faulty or defective parts.
Some defective devices do not just stop working. explosion has been reported, as have fires and nearly burning down homes. Most victims simply send back the faulty appliances for a replacement, if still covered by warranty. Or they buy a new one.
Most people don’t think about suing the parties responsible. You need to be able to legally deal with defective electronic products in your home if you want to make the manufacturer responsible. Viles & Beckman’s product liability attorneys can assist.
What Are Your Rights if a Product Is Faulty in Florida?
You have the right, if the electronic gadgets and appliances in your home are defective, to have them returned, repaired, or exchanged for new ones. You expect the manufacturer and/or retailer to stand behind the product you purchase.
Florida implied warranty laws give you the right to a product that is free of defects and works as it should. You should be able to return the product even after the deadline.
You can return the product by claiming that the implied warranty covers you. Most consumers are unaware of their rights under federal and state product liability laws.
The implied warranty applies to electronics you purchased and discovered that they didn’t work as they should. You may be eligible to claim an implied warranty if the defect is obvious within a reasonable period of time (maximum two years).
Steps to Take if You Find That Your Appliance Is Defective
According to fireRescue1 faulty outlets and appliances are the main cause of electrical home fires. Most people will not know that their appliances are defective until they break down or cause a fire.
If you notice that one of your appliances is not working correctly, you should take immediate action to reduce the risk of fire and other hazards.
Before you can take legal action against the manufacturer it is important that you have done your research. This is especially true if the product has not been damaged or harmed.
- Unplug the defective appliance
- Decide if you want to get a refund, a repair, or a replacement (most manufacturers offer a warranty period during which you can do any of these three things).
- You can request a refund by following the instructions provided by the manufacturer if you are still within the return period.
- Contact the unit that you need to reach and they will begin the process.
- You can buy a brand new product if the one you have is no longer covered under warranty or hire a professional to fix it.
You should first take these steps before considering legal action. You may lose your case or have your claim rejected if you don’t follow these steps.
Call Us At (941) 207-7477
What if You Suffered Losses or Were Hurt Because of the Product’s Defect?
If a defective product causes you harm, or the death of a loved one due to wrongful conduct, then you have rights. You can file a claim for a defective product in Florida if you are in this situation. You’ll be able to explore a variety of legal options if you choose this route.
These options provide you with legal remedies to help bring your case to a successful conclusion. You’ll need to first identify the type of product defect. Three types of defects are available:
- Defects with warnings and instructions For example, all space heaters need to have warnings that outline the dangers associated with leaving the appliance running for more than 12 hours. If the company fails to provide this warning, and you don’t know about it and cause a fire because of your ignorance, they should be held accountable.
- Manufacturer defects For example, the manufacturer of washing machines that are prone to sparking after a few hours should investigate and fix this defect. The manufacturer is responsible for any fires caused by electrical sparks.
- Design Defects For example, if the heat regulator of an oven gradually raises the temperature inside the oven, which can lead to overheating or fires, then the manufacturer or seller may be liable.
Legal Remedies Available to Injured Victims
Victims of defective products often have two options available to them. The two options are:
Proving Negligence
You may be entitled to compensation if the electronic product you purchased at home was defective. This is if you are able to prove product negligence.
You would need to prove that the retailer or manufacturer owed you an obligation of care, that they breached this duty, and that as a result, you suffered injuries or damages.
An example of this would be a microwave that exploded due to defective parts and caused the plaintiff injury. In such a case, an injured victim could be entitled to monetary compensation to cover their injuries or losses.
Determining Strict Liability
Even if the product manufacturer has done everything right or taken all necessary precautions, they are still held responsible for faulty products. Despite all the quality assurance standards and measures, some products may still be flawed while others will work perfectly.
The manufacturer is responsible for any injuries or damages caused by these product units. If you are filing a claim based on strict liability, you only need to prove that the defect in the product was caused by the manufacturing process. This option eliminates any need to prove the retailer or manufacturer’s negligence.
Need Help With a Defective Electronic House Product Case in Florida?
Cases involving product defects can be complex. W. Lee Clark & Associates product defect lawyers can help you navigate complex cases.
Our product liability attorneys are knowledgeable and skilled. They can bring your case to a successful conclusion, ensuring that you receive a favorable outcome. We can help you with any type of dispute resolution, including filing an insurance claim.
Contact us to discuss your case today.
