Personal Injury Blog

 


Product Liability DefectsThe world of
product liability consists of a wide expanse of variables and factors, and in the end, X doesn’t always equal Y.

Even though product liability seems like it is based on common sense—a product is made improperly, or there is a manufacturing defect, and a tort gets compensated for the damages incurred—there is much more to it than that. This is demonstrated by the many addendums to the legislation and statutes surrounding it.

As you may or may not know, product liability can be paired with a slew of things, such as personal injury, negligence, or any other kind of claim in the tort sphere. A tort claim means a person was subjected to a wrongful act (except for a contract breach) and it is a civil lawsuit.

In the event of a product defect, however, it can be evaluated in 3 defects: marketing defects, design defects, and manufacturing defects. We will explain what these mean, and how it ties in with your tort claim.

product liability claims

What Is a Defective Product?

As a caveat, it is helpful to understand product liability isn’t a one-size-fits-all area of law. It requires continuous research on the most updated statutes on product liability and how court cases can change the process.

That said, here is a brief explanation of each kind of product defect:

  • Marketing defects mean a product is marketed or sold with inaccurate and subpar instructions. Not listing possible dangers of a product can render it to be unsafe.
  • Design defects mean the blueprint design of a product is flawed to be unsafe and dangerous. This could mean, for example, that an oven mitten isn’t made of heat-resistant material, or something that is not included in a product to make it reasonably safe. There lies a balance for making sure the product has features in order to fulfill its use, while not straying outside of that boundary.
  • Manufacturing defects are unintended mistakes by the manufacturer. This is the most popular one that comes to mind when people think of product liability – the coffee you ordered was too hot and caused you harm, or a ceiling fan had a defective part and the fan blade wasn’t connected properly, causing it to be dangerous.
Every situation with a product malfunction or defect must be handled in its own specific and unique way. Almost nothing in law has a set order, rhyme or reason except the litigation process itself. Making an allegation against a product can be a lengthy litigation process and requires a well-versed and skilled attorney who is on your side.
 

Florida's Product Liability Laws

Florida 2021 Statutes 768.81(1)(d) states that “products liability action means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.”

product liability

What Gets Factored Into a Product Liability Lawsuit

When considering filing a product liability lawsuit in Florida, be aware of the following factors:

Pure Comparative Negligence

In a legal case, determining who is at fault and what percentage of responsibility each party holds can be a complex process. In some cases, both parties may share the responsibility for an accident or incident. This is where pure comparative negligence comes into play.

Florida follows pure comparative negligence, a legal concept that allows for the allocation of fault and damages in proportion to each party's degree of fault. This means that even if one party is found to be mostly responsible for an accident, the other party can still receive some compensation based on their level of fault.

Florida's Economic Loss Doctrine

The state of Florida has in place a legal principle known as the Economic Loss Doctrine. This doctrine is used to determine whether an individual or company can seek compensation for financial losses, without having suffered any physical harm.

Under this doctrine, if there was no contract between parties, then an individual or business cannot file a lawsuit against another entity solely for economic losses resulting from a breach of duty or contract. This means that if an individual or business experiences financial losses due to the negligence of another party, they are not entitled to seek compensation unless there was a contractual agreement in place.

This doctrine is rooted in the idea that parties should be responsible for their own economic losses and that the judicial system should not be burdened with disputes solely based on economic damages.

How to Prove Cause in a Product Liability Case

In order to successfully bring a product liability case, plaintiffs must prove that the defective product was the direct cause of their injury or damages. This can be established through various forms of evidence, including:

  • Expert testimony from professionals in relevant fields such as engineering or medicine
  • Documentation and records showing the defect and its impact on the plaintiff's health or property
  • Witness testimonies from individuals who have experienced similar issues with the same product
  • Product testing results that demonstrate the defect or hazard

It is important for plaintiffs to gather as much evidence as possible and present it in a clear and concise manner in order to prove causation in a product liability case.

Get Help From a Florida Attorney

Explaining product liability and its intricacies in one post is nearly impossible, but we’ve covered the core product defects to look out for. Do you feel like you or a loved one has been injured or affected by a possible product liability-related issue?

Feel free to call one of the attorneys here at Lowman Law Firmwe are a family ready to help you. We have free consultations and are here to listen and help. Contact us today to get a better understanding of your product liability case!

Call Us For A Free Consultation

Leave A Comment