From defective airbags to defective drugs and medical devices, dangerous products present risks in nearly all aspects of our daily lives. If you or a loved one has been harmed by a defective product, you have clear rights under Florida law. When defective products cause serious and fatal injuries, manufacturers can (and should) be held fully accountable. Here is a comprehensive guide to what victims and their families need to know:
Product Liability: When Manufacturers Can (and Should) Be Held Accountable
Product liability claims are different from most other types of personal injury and wrongful death claims. In most cases, personal injury and wrongful death claims are based on the at-fault party’s negligence. From driving under the influence to failing to repair hazardous property conditions, negligence can take many different forms—and, generally speaking, when a party’s negligence leads to a serious or fatal accident, that party is liable under Florida law.
In product liability cases, however, proof of negligence is not required.
Instead, product liability cases are governed by the law of “strict liability.” In short, if a company sells a defective product—and if that product causes a serious or fatal injury—then that company is legally responsible for what happened. This is true even if the company wasn’t negligent in designing, manufacturing, shipping, storing, or selling the product. Since we all rely on products in our day-to-day lives, the law imposes a heightened standard on manufacturers and other companies to ensure that they do not put dangerous products on store or warehouse shelves.
Under Florida’s product liability laws (and similar laws in other states), any party in the chain of distribution can potentially be held liable if the product causes a serious or fatal injury. This means that in product liability cases, potential defendants include:
- The product’s designer
- The product’s manufacturer
- Distributors and other intermediaries
- Companies that install defective components in their products
- Online and brick-and-mortar retailers
Even these are just examples. When you hire a product liability lawyer to represent you, one of your lawyer’s first priorities will be to identify the company (or companies) that are responsible for your losses. If multiple parties are responsible, you may need to file a claim against each of the responsible parties to seek the full compensation you deserve.
To be clear, victims and their families can file negligence claims against product manufacturers and other companies—and, in many cases, these companies will face both negligence-based and strict liability claims. This way, even if the product isn’t determined to be “defective,” it may still be possible to secure financial compensation for negligently designing, manufacturing, or selling a dangerous product.
When is a Product Considered “Defective”?
This raises another critical question: When is a product considered “defective” under the law? Broadly, there are three recognized categories of product defects: (i) design defects; (ii) manufacturing defects; and, (iii) defective warnings (or “failure to warn”).
1. Design Defects
Most product liability claims involve design defects. A product’s design is considered to be defective if all individual products manufactured according to the design specifications are unsafe for their intended use. Some examples of products that have recently been the subject of large-scale design defect claims include:
- Automotive airbags
- Children’s toys, clothing, and furniture
- Cosmetic and hair care products
- Personal electronics
- Pesticides and herbicides
- Prescription drugs
- Implantable medical devices
However, there are many other examples, and virtually any type of product has the potential to suffer from a design defect. If multiple consumers complain of the same product-related issue, then there is a good chance that the issue relates to the product’s design—whether the way it is shaped, the way it is put together, or the materials used.
2. Manufacturing Defects
As their name suggests, manufacturing defects have to do with issues that arise during the manufacturing or assembly process. These defects can affect individual products, individual lots of products, or all of the products that come out of a particular manufacturing facility. In any case, even though the issue is manufacturing-related, all parties involved in the product’s chain of distribution can potentially be held accountable.
3. Defective Warnings (Failure to Warn)
The third category of product defects involves defective warnings—and is commonly referred to as “failure to warn.” Generally speaking, all products should be safe for their intended use as well as any other reasonably anticipated uses. If a product is not safe for its intended and anticipated uses, then the manufacturer must include appropriate warnings on the product’s label or packaging. Many defective product claims involve “failure to warn,” and both missing and inadequate warnings can potentially justify claims for just compensation.
Proving a Product Liability Claim in Florida
If you have a product liability claim in Florida, how do you prove it? Even though product liability claims don’t require proof of negligence, they still require substantial evidence. Proving product liability claims can be more challenging than proving negligence-based claims in many cases. With this in mind, some of the key steps involved in proving your legal rights after a product-related accident include:
1. Keeping the Product and its Packaging (if Possible)
If you still have the product, you should keep it in a safe place. Even if the product is in pieces (and even if you only have some of its pieces), you should keep it safe to give to your attorney. If you still have the packaging, instructions, or any other documentation that came with the product, you should keep these as well. If you have an invoice, receipt, order confirmation, delivery confirmation, or any other documentation that you purchased or received the product, these could also be key evidence in support of your claim for just compensation.
2. Documenting the Accident or Incident as Thoroughly as Possible
In addition to keeping the product (or its pieces) and any available documentation, you should also try to document the accident or incident that harmed you or your loved one as thoroughly as possible. Photos, videos, and written notes can all assist your attorney with evaluating your claim and determining what next steps are necessary to seek the financial compensation you deserve.
3. Conducting a Thorough Investigation
In many cases, proving a product liability claim will also involve conducting a thorough forensic investigation. Once you engage an attorney to represent you, your attorney will hire an investigator to document the accident scene and preserve as much evidence as possible. While this may not be necessary in cases involving defective drugs, defective medical devices, and certain other types of defective products, conducting a forensic investigation can be a key step toward proving liability in cases involving collisions, explosions, collapses, falls, and other types of traumatic accidents.
Conducting a thorough investigation can also assist with determining if there are any other types of claims that you can file. For example, if you were injured in a vehicle collision, in addition to a claim for a vehicle defect, you may also have a claim for driver negligence. If you have a claim for a defective drug or defective medical device, you could have a medical malpractice claim as well. Or, if your loved one was tragically killed in a building collapse, you could have negligence claims against the various parties involved in the building’s design, construction, and maintenance.
4. Engaging Product Engineers and Other Experts
After investigating, your attorney may need to engage a product engineer and/or a variety of other types of experts to examine the evidence and prepare a report explaining why the product that harmed you or your loved one was defective. Expert reports and testimony play a key role in all types of product liability cases. A qualified expert will be able to explain why the product failed, why this failure is representative of a defect, and how the failure is to blame for your (or your loved one’s) injuries.
5. Gathering Additional Evidence Through Discovery
If you appear to have a valid product liability claim, your attorney will file a lawsuit in court. Once your attorney files a lawsuit, he or she will be able to gather additional evidence through the discovery process.
Discovery is a formal step in litigation where each party has the opportunity to request evidence that is in the other party’s possession. In product liability cases, this can be critical for understanding how a product was designed or manufactured. By requesting a defendant’s internal records, questioning the defendant’s executives and personnel, and gathering evidence through other means of discovery, it will often be possible to paint a clear picture of why the defendant deserves to be held legally accountable.
Compensation Available in Florida Product Defect Claims
What does it mean to hold a manufacturer (or other party) liable in a product defect case? As with other types of personal injury and wrongful death cases, plaintiffs who have product liability claims can seek just compensation for all of their financial and non-financial losses. This includes losses they have already incurred, losses they incur while their lawsuit is pending, and losses they will incur in the years (or decades) to come.
With this in mind, the types of damages that are generally available in product defect cases include:
- Medical bills and therapy bills
- Costs for prescriptions and medical supplies
- Costs for medical transportation and other expenses
- Loss of income, benefits, and future earning capacity
- Loss of companionship, consortium, and enjoyment of life
- Permanent scarring and disfigurement
- Pain, suffering, and emotional trauma
While the initial medical costs for treating trauma caused by a defective product can be substantial, the long-term costs of treatment, coping, and recovery can be even greater. In most cases, individuals’ and families’ future losses will far exceed the immediate costs they incur as a result of product-related harm. This makes it essential to choose an attorney who not only understands the unique aspects of product liability cases, but who also has the team and resources required to help you seek the full compensation you deserve.
At Silva & Silva, we are passionate about helping victims and their families. We handle all types of product liability cases, and we have a proven track record of success. If you believe that you may have grounds to file a product liability claim in Florida (or don’t know and want to find out), we strongly encourage you to contact us for a free consultation.
Do You Have a Product Liability Claim? Contact Us for a Free Consultation Today
Do you have a product liability claim? If you or a loved one has suffered any type of serious product-related injury, our attorneys can assess your legal rights and help you make informed decisions about your next steps. To schedule a free consultation as soon as possible, call us at 305-445-0011 or tell us how we can get in touch online today.