South Florida Personal Injury Lawyers Blog
The Home Depot recently issued a voluntary recall of an indoor/outdoor fan sold in their retail stores and online. The Consumer Product Safety Commission (CPSC), reported that they received nearly 50 reports of blades detaching from the fan. Those that have suffered injuries from a defective fan may have a Florida product liability claim. The Home Depot voluntarily announced the recall, stating that they stopped selling the products when they discovered the issue. It is unclear whether the detaching blade hit or injured individuals, but there have been reports that the blades caused property damage. According to the CPSC, about 182,000 fans were sold in the United States, and close to 9,000 were sold in Canada.
In Florida, manufacturers have a legal duty to ensure that their products are safe for consumers and those that use their products. When a person suffers an injury, or dies because of a defective product, they file a claim based on the company’s strict liability or negligence. Florida product liability claims require that a plaintiff establishes that they suffered an actual injury or monetary loss because of the product. These claims are generally based on the product’s defective design, manufacturer, or the fact that the manufacturer knew or should have known the risks and failed to warn users.
After establishing the injury and theory, plaintiffs must demonstrate that the alleged defect proximately caused their injuries and losses. Defendants often argue that they should not be liable because the plaintiff failed to use the product appropriately. As such, plaintiffs must establish that they used the product in a way that the manufacturer intended or should have expected a reasonable person to use it.
Florida defective product plaintiffs must understand how the statute of limitations and comparative negligence might play into their claims. The statute of limitations provides that plaintiffs have a time limit, generally four years from the date they discover the issue, to file a claim. Additionally, the statute of repose limits the overall amount of time a victim has to file a claim against the manufacturer. Moreover, in some cases, comparative negligence laws reduce the amount a plaintiff can recover if they are found to be responsible for their injuries. The plaintiff’s contributory negligence will reduce their economic and non-economic damages, relative to their fault. It is important that plaintiffs have an experienced attorney to ensure that a jury appropriately assigns fault based on the evidence.
Have You Suffered Injuries Because of a Defective Product in Florida?
If you or someone you know has suffered injuries because of a defective product, contact the attorneys at Friedman Rodman Frank & Estrada, P.A. The attorneys at our office possess the experience, skills, and dedication necessary to recover damages on behalf of injury victims and the families. We handle Florida defective product lawsuits, car and truck accident claims, medical malpractice cases, construction accidents, and more. Our attorneys have recovered significant amounts of compensation on behalf of our clients, including damages for medical expenses, lost wages and benefits, and pain and suffering. Contact our office at 877-448-8585, to schedule a free initial consultation with an attorney at our law firm.