Florida law allows manufacturers, assembly manufacturers, wholesalers, and retailers to be held liable if a person is injured or killed because of a defective product.
Florida has a strict products liability law that holds a defendant strictly liable if the product that caused the injury or death did not function according to safety standards or in the way that manufacturers had intended it to work. Under Strict Liability we do not have to prove that the manufacturer was negligent. All we have to prove is the product was defective, that a specific company (manufacturer) made the product, and the defect caused the injury or death.
The three kinds of product defects that can lead to strict liability are manufacturing defects, design defects, and marketing defects, which involve incorrect or insufficient operating instructions and failure to notify consumers of possible dangers.
We can also allege that the manufacturer was negligent and this is helpful sometimes to increase the amount of damages. Negligence can be proven by establishing that the manufacturer knew about the defect or should have known about the defect and did not take adequate steps to remedy the problem.
Common examples of product defects include:
- Failure to design a product that performs safely.
- Manufacturing defects.
- Inadequate warnings regarding a product’s use.
- Unexplained failure of a product during normal use.
Defective products can include anything man made but typically you will see these products being defective:
Toys
Baby Products
Tools
Tires
Seatbelts
Airbags
Machinery
Household appliances
Damages
There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:
In product liabilities cases, economic damages may include:
- Medical expenses – past and future
- Past lost income
- Future lost income, reduced to present value
- Lost support and services
- Any other economic loss that would not have occurred but for the injury
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Inconvenience
Statute of Limitations
In Florida, a person has four (4) years to bring a claim for a defective product.
If you or a loved one has been injured because of the defect in a product, please call me today for your free consultation from a Miami product liabilities attorney. I do not collect a fee or costs unless I recover money for you from the manufacturer.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.
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