South Florida Personal Injury Lawyers Blog
Florida product liability laws allow individuals and their families to pursue civil actions to recover damages for injuries they suffered because of a defective product. Product liability claims generally stem from design defects, manufacturing defects, or marketing defects. In these cases, there may be multiple responsible parties. Liability often hinges on the type of defect and the injury the victim suffers. Individuals who pursue these claims must establish that they used the product in the manner that it was intended, and that they followed the product’s directions and contemplated the warnings and risks associated with the product’s use.
In many cases, liable parties will defend against a claim by arguing that they issued a recall, and therefore they should not be responsible for the victim’s injuries. However, a recall does not automatically protect a manufacturer, wholesaler, distributor, or retailer. Injury victims should contact an attorney to discuss how to overcome these assertions.
Generally, federal agencies do not recall products; instead, they urge companies to recall dangerous products and make announcements after the company notifies them of a recall. In some cases, companies refuse to recall dangerous products. When that occurs, federal agencies can commence legal proceedings against the company. Typically, the Food and Drug Administration (FDA) announces medical and food-related recalls, the United States Department of Agriculture and Food Safety and Inspection Service (FSIS) announces meat and poultry recalls, and the United States Consumer Product Safety Commission (CPSC) handles consumer product recalls. In some cases, the recall occurs after the company faces a civil lawsuit for injuries related to a defective product. In other situations, the company issues a recall as soon as they discover a defect.
For instance, Hyundai and Kia automakers recently announced that they recalled over half a million vehicles that posed fire hazards. Initially, the companies announced that a brake defect could result in fluid leaks and fires. Upon discovering the defect, the companies stated that owners could continue to park the vehicles in garages. However, after further safety inspections, U.S. safety officials found that the brake fluid could cause an electrical short, leading to fires. Hyundai officials stated that they received about 15 reports of fires caused by fluid leaks. The engine failure and fire risk have impacted over 6 million Hyundais and Kias in the last five years.
Have You Suffered Injuries Because of a Defective Product in Florida?
If you or someone you know has suffered injuries due to a defective product, contact the Florida product liability attorneys at Friedman Rodman Frank & Estrada, P.A. The attorneys at our law firm have extensive experience successfully handling an array of civil claims against negligent individuals, corporations, and governmental entities. We handle claims stemming from Florida motor vehicle accidents, defective products, slip and falls, medical malpractice, and workplace injuries. Through our diligent representation, our clients have recovered substantial amounts of compensation for their injuries and damages. Compensation in personal injury cases includes payments for medical expenses, lost wages, property damage, and pain and suffering. Contact our law firm at 877-448-8585, to schedule a free initial consultation with an attorney at our law firm.