South Florida Personal Injury Lawyers Blog
Despite innovations in technology to make life easier, accidents often still occur. When these accidents cause injury or death, the responsible party will often blame the technology for the incident. However, in many cases, the user of the technology has still made errors leading to the accident. Because of this, they are still liable, and the injured person can bring a negligence lawsuit. But when the accident was not the fault of another person but actually a defective product, Florida law allows the injured party to bring a lawsuit in this instance too. Since it is difficult to discern whether a person should bring a negligence or a defective product lawsuit, listed below are the elements of both negligence and products liability lawsuits.
In Florida, an airborne Tesla plowed through a stop sign and into a home early last week. According to one news report, the car was fully airborne when it crashed through the house, leaving a massive hole in the middle of the property. The driver of the car sped through a stop sign and hit a curb—this sent the car into the air and into the house. The accident caused the death of a 69-year-old woman in the house, a passenger in the car, and left three people seriously injured. While the vehicle has an Autopilot function, it was not deployed at the time of the accident.
Negligence Lawsuits
Personal injury lawsuits are often brought asserting that the defendant caused the plaintiff’s injuries because they were acting negligently. A defendant is negligent if they fail to act reasonably and thereby increase the risk of harm to another person. In car accidents, the plaintiff’s attorney will introduce evidence to show how the defendant caused the accident through their reckless behavior—this may include glancing at a cell phone, falling asleep at the wheel, or even driving too fast.
Product Liability Claims
A person can bring a product liability lawsuit if they have been injured by a defective product. In the case of a car with Autopilot, the plaintiff would assert that the defective design of the Autopilot function—by it not working as it should—presented a hazard to the individual and ultimately caused their injury. If a plaintiff is successful in proving either the design or manufacturing of the product was dangerous and caused the accident, then the plaintiff can receive monetary damages from the manufacturer. Unlike a negligence suit, in products liability cases, the plaintiff is alleging the product was the cause of the accident—not the person controlling the defective technology.
Because it can sometimes be difficult to discern whether a negligence or products liability lawsuit is applicable—and the answer depends on the specific facts of the case—individuals injured in such an accident should contact a personal injury attorney.
Have You Been Injured in a Florida Accident?
If you or a loved one has been injured in an accident involving novel technology, contact the attorneys at Friedman Rodman Frank & Estrada. Despite new technology complicating matters, our Florida car accident lawyers are highly experienced and will provide you with the support and experience you need to pursue your claim. Our attorneys are also knowledgeable in obtaining financial compensation for injuries from defective and dangerous products too, so we can represent you in either situation. To discuss your case with one of our lawyers, give us a call today at 877-448-8585.