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.
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:
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.”
When considering filing a product liability lawsuit in Florida, be aware of the following factors:
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.
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.
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:
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.
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 Firm—we 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!