Every day, we put trust in the products that we use. Whether it’s a new car, kitchen appliance, or child’s toy, we expect it to function safely. But what happens when something goes wrong?
If a product causes you to get hurt because of a defect, you might be able to file a product liability claim. However, the laws around these cases are complicated, which is why talking to a qualified product liability lawyer is important to make sure your rights are protected.
Product Liability
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, or retailers for any injuries caused by their products. This area of law is designed to hold companies responsible for defective items that cause injury to consumers.
The three main types of product liability claims include:
- Manufacturing Defects: Something in the creation process is incorrect, and the item becomes dangerous
- Design Defects: A design flaw makes the product inherently dangerous, even if it was made correctly
- Failure to Warn: Insufficient labeling or inadequate instructions; the product might be safe if used properly, but if people aren’t warned, it can lead to injuries
The law is in place to make sure companies do their due diligence and ensure their products are safe. If a company starts to get careless and their items begin hurting people, they could pay a hefty price.
Florida Product Liability Law
Florida follows a strict liability standard in product liability cases. This means that if an item is defective and causes injury, the manufacturer or seller can be held liable without the victim needing to prove negligence.
Under state law, the plaintiff only has to prove these points to win their case:
- The product had an unreasonably dangerous defect
- The defect existed when the product left the manufacturer’s control
- The defect caused the plaintiff’s injury
- The product was used as intended or in a reasonably foreseeable way
Strict liability makes it easier for injured people to hold companies accountable, but proving the defect still requires a strong legal strategy. That’s where a product liability lawyer comes into play.
When to Contact a Product Liability Lawyer
If you’ve been hurt by a defective product, it’s important to hire legal counsel as soon as you can. There are several situations where representation becomes necessary.
Severe Injuries or Death
The physical and emotional trauma of a serious injury or death from a product can get overwhelming, and only a qualified attorney will have the resources to fight for your full compensation. In these cases, you might be able to recover damages for:
- Current and future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium (for surviving family members)
Every case is different, but your lawyer will be able to help you figure out exactly what you can file for and give you an idea of how much you are entitled to receive.
Complicated Cases With Multiple Parties
Sometimes, several entities might be responsible for the defect. As an example, a faulty car might involve the manufacturer, the parts supplier, and even the dealership. Such cases often involve both state and federal laws, making them even more complicated.
Manufacturer Denies Liability
It’s not uncommon for manufacturers to deny that their product is defective or even say the injury was caused by user error. These companies have extensive legal resources at their disposal, which can make it tough for an injured victim to win their case without help.
A good product liability lawyer can negotiate with the company’s legal team, perform an investigation, and collect evidence that proves the defect was indeed the cause of your injury.
Statute of Limitations
In Florida, the statute of limitations for filing a product liability lawsuit is typically four years from the day the injury happened. However, if the injury caused a death, the deadline is reduced to two years for a wrongful death claim.
Time is of the essence, and if you delay for too long, you could lose your chance to seek justice. Talk to a lawyer early so you don’t miss any important deadlines.
Case Study: Takata Airbags
To see Florida’s product liability laws in action, let’s take a look at the case around Takata airbags.
Takata Corporation has been around since 1933 and started making airbags in 1988. In 2013, several automakers began recalling their vehicles due to faulty Takata-made airbags.
About 3.6 million vehicles were recalled when it was learned the inflator module could explode with too much force and send shrapnel through the air. The defective inflators have been connected to at least 27 deaths and several hundred more injuries.
Despite best efforts to get this dangerous item away from consumers, estimates say Florida alone may still have more than 300,000 cars on the roads with this hazardous product. Nationwide, the number could be as high as 6.4 million.
The airbag faced another recall in 2019 and 2020, this time for those built with non-azide driver inflators (NADI). This issue makes it so that the airbag does not seal properly and cannot fully inflate when it’s deployed, so it doesn’t protect drivers as well as it’s supposed to do.
The issue with these airbags has gotten so bad that the National Highway Traffic Safety Administration (NHTSA) has even issued DO NOT DRIVE warnings for certain vehicles that pose the highest risk of an exploding or ineffective airbag that could injure or kill drivers and their riders.
These defects were found to be the result of faulty manufacturing and design. Drivers affected by the recall or injured by the airbag were able to seek compensation through product liability lawsuits against both Takata and the automakers who installed the airbags into their vehicles.
Get Help With Your Product Liability Case
If you or a loved one has been injured by a defective item, contact Schrier Law Group today to schedule a free consultation of your case. Let our team take the legal burden off your shoulders so you can focus on getting your life back together.
