COVID-19 FAQs

Articles Posted in Defective Products

When we buy a product, whether it’s food, an appliance, or a car, we expect and trust that the product will be safe for our use. Sometimes, however, these products can cause property damage or injury, which may mean that you may be eligible to receive compensation. From prescription drugs to negligently manufactured appliances, product liability lawsuits are always available for consumers so that the public can hold manufacturers accountable.

According to a recent news report, a major car accident involving a Tesla is prompting a federal investigation into the vehicle’s new technology and safety for consumers. After the accident killed two people, U.S. safety investigators from the National Transportation Safety Board sent three representatives to specifically look for photos or videos of the crash or the fire that broke out after the initial accident. Because Tesla vehicles are electric do not use gasoline, it is unclear what specifically caused the crash or the fire. It is also unclear whether the vehicle’s automated driving system was activated at the time of the collision, which has been the subject of federal interest in recent years. The report investigators plan to generate will create recommendations to other federal agencies about future safety regulations.

In Florida, there are frequent incidents that give rise to similar product liability claims. These claims, however, are subject to specific laws and requirements that govern product liability lawsuits. Because these cases can often be complex, it is crucial that potential plaintiffs understand the details surrounding filing a product liability lawsuit and what a claim will entail.

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

An appeals court recently issued an opinion in a case that may have drastic consequences on Florida product liability lawsuits. The decision pertained to a case involving a plaintiff who filed a lawsuit against Amazon for injuries she suffered from a hoverboard she purchased on the website from a third-party seller. The court was tasked with determining whether Amazon could be held strictly liable for defective products on its site.

The massive online retailer argued that it was not liable for the victim’s injuries because Amazon merely operates as a service provider and not as the seller or supplier of the product. In support of its argument, Amazon argued that it did not possess any proactive authority over the item and could merely address safety issues after they had been reported.

Despite Amazon’s contentions, the court upheld previous decisions finding Amazon strictly liable for the defective product. The court reasoned that Amazon played a “pivotal” role in bringing the product to the consumer. Further, the court stated that Amazon would need to bear the consequences of its business model of placing itself in the vertical chain of distribution of the defective hoverboard.

A Florida federal court recently addressed a product liability claim against a medical device company and its parent company. The case arose when the plaintiff underwent surgery for her pelvic organ prolapse. Her physician implanted a polypropylene mesh designed by the defendants. After surgery, the woman experienced significant health issues that she attributed to the mesh device. Following the removal surgery, the woman and her husband filed a product liability claim against the defendants based on a failure to warn.

In response, the defendants moved for summary judgment based on the state’s learned intermediary doctrine. The doctrine imposes a duty on medical device manufacturers to warn of the product’s dangers to physicians instead of patients. In this case, the plaintiffs argue that the doctrine does not apply because the physician maintained a long-standing financial relationship with the defendants. Therefore, it was unreasonable for the defendants to expect the physician to warn patients of the device’s dangers. The plaintiffs asked the courts to create a “financial bias” exception to the state’s learned intermediary doctrine. The lower court declined to create such an exception and found in favor of the defendants. The plaintiffs appealed based on the failure-to-warn claim.

Under Florida law, plaintiffs pursuing a failure-to-warn claim must establish that the product’s warning was 1.) inadequate, 2.) the inadequacy approximately caused the victim’s injuries, and 3.) the victim suffered an injury from using the product. In cases involving a medical device, the physician acts as the “learned intermediary,” and it is their responsibility to weigh the device’s potential risks and benefits to their patients. For a plaintiff to succeed on a claim against the device manufacturer, they must prove that the doctor would not have used the product if the manufacturer included an adequate warning. Moreover, the chain may still be broken if the manufacturer provides an insufficient warning, so long as the doctor is aware and still recommends the device.

Florida medical malpractice and product liability laws allow injury victims to hold negligent parties liable for their injuries. Many cases involve the interplay of both of these areas of the area, which enhances the complexity of these lawsuits. Florida’s strict medical malpractice and product liability laws impose significant burdens on injury victims. For example, claimants must prove that a medical professional breached a standard of care and the breach was the “proximate” or “actual” cause of the victim’s damages. However, in some cases involving defective products, there is no requirement to show the manufacturer breached a duty. Plaintiffs must meet all procedural and evidentiary requirements to avoid the dismissal of an otherwise legitimate claim.

In most cases, Florida medical malpractice and defective product claims hinge on an expert witness’s testimony. After several years of constant flux regarding the appropriate expert witness standard, in 2019, the Florida Supreme Court stated that the state follows the Daubert standard for the admission of expert testimony. Under Daubert, the trial judge maintains the discretionary gatekeeping function to determine whether an expert’s testimony is reliable and relevant. Specifically, the rule explains that an expert is qualified by knowledge, skill, or technical training and education to form an opinion. A court may qualify an expert if:

  • Their credentials will help the fact finder understand relevant evidence;

Recently, the United States Supreme Court issued an opinion unanimously ruling against Ford in a product liability lawsuit. The ruling will significantly impact a Florida product liability accident victim’s ability to file a lawsuit in the state. The case arose when a woman died when her vehicle’s tread separated, and the car spun and rolled into a ditch. The other claim involved a passenger who suffered brain damage when the vehicle’s airbag failed to deploy. In response to the plaintiffs’ lawsuits, Ford argued that the states hearing the cases did not maintain jurisdiction because the cars in the incident were not designed, manufactured or initially sold in the state. The auto manufacturer maintained that allowing the cases to be heard in those forums upended their ability to know where and under what circumstances accident victims may sue them.

Historically, Florida product liability accident victims face challenges in establishing where to sue. Generally, Florida plaintiffs cannot sue a negligent company in any state that the plaintiff chooses. The law provides that plaintiffs must establish that the Court has jurisdiction over the case. Jurisdiction inquiries typically involve examining whether the company maintains “minimum contacts” with Florida and if they “purposefully availed” themselves of the state’s privileges. Courts will also look to whether hearing a lawsuit in the state comports with theories of “fair play and substantial justice.” These analyses are fact-specific and require the experience of an attorney well-versed in these complex jurisdictional issues.

In the recent case, the Supreme Court Justices opined that Ford purposefully availed itself of the privileges of conducting activities in both states involved in the lawsuit. The law does not require plaintiffs to establish a causal link between where the company sold the car and where they designed or manufactured it. Specific jurisdiction occurs in situations when a company encourages a market for a product in the forum state. In this case, the automaker advertises and markets its products in the forum states and cultivates relationships between the vehicle owners. The Court found that the defendant systemically fostered a relationship between consumers and the vehicles involved in the accidents. As such, there is a relationship between Ford, the states, and the litigation. This finding will undoubtedly result in a drastic change in the legal landscape regarding product liability lawsuits involving vehicles.

Contraceptives, such as intrauterine devices (IUD), undoubtedly provide women and families with life-changing benefits. However, in some cases, users may suffer severe and adverse side effects from these devices. Those who suffer injuries because of a defective medical device should contact a Florida products liability attorney to discuss their rights and remedies. In some cases, a person’s unique biological makeup may make them susceptible to side effects. However, in other cases, a manufacturing or design defect may make these medical devices unreasonably dangerous.

IUDs were introduced into the market in the 1950s, when the demand for effective birth control became more apparent. While there have been many advances to these devices since that time, there have also been significant injuries and lawsuits linked to these products. The most recent IUD lawsuit involves the Paraguard. According to consumers and medical providers, the plastic prongs at the end of the device become brittle over time and may snap off and become embedded and pierce the uterus. The design flaw has resulted in a wave of new IUD lawsuits throughout the country.

The majority of lawsuits associated with the Paraguard allege design defects, manufacturing defects, failure to warn claims, and negligence on the part of the manufacturers. Claimants argue that they had to undergo an invasive procedure to remove the arms of the device. Some women had to undergo hysteroscopies, laparoscopies, and even hysterectomies. In cases where surgeons could not retrieve the pieces, women suffered severe bleeding, spotting, pelvic inflammatory disease, infections, organ damage, and infertility. Despite these incidents and lawsuits, the device remains on the market. The manufacturers recalled one batch of devices related to sterility and not the design defect.

A leading market research company report indicates that global toy sales are a steadily increasing multi-billion-dollar industry. Every year, manufacturers release nearly 5,000 new toys into the consumer stream. Many of these products are fast-tracked with growing competition, leading to shoddily constructed and potentially dangerous toys. If a child suffers injuries because of a defective toy, their family may recover under Florida’s product liability laws.

The United States Consumer Product Safety Commission (CPSC) reports that over 200,000 children receive treatment at hospital emergency rooms because of injuries related to defective toys. In some cases, the child misuses the toy; however, many of these injuries are caused by the toy’s dangerous propensity. According to the most recent data published by the CPSC from 2018, there were 17 toy-related fatalities among children under 15-years-old. The majority of fatalities were related to non-motorized scooters. Other fatalities were related to motor vehicle involvement and drownings. The next set of toys involved were rubber balls, stuffed toys and doll accessories, and water toys. Other notable tragic deaths were related to balloon choking, plastic toy food, water guns, and toy dart guns. The report also shows there were almost 230,000 toy-related injuries for all ages treated in U.S. emergency rooms. Toy-related injuries can range in severity; however, many accidents lead to brain injuries, fractures, burns and puncture wounds. In some cases, these injuries can result in life-long disability and pain.

In light of this harrowing data and in conjunction with the influx of toys, many children received over the holidays, and during the lock down, parents should examine toys for potential hazards. If a child suffers an injury because of a defective product, Florida permits three main types of product liability lawsuits: manufacturing defect claims, design defect claims, and failure to warn claims.

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.

Individuals who wish to pursue damages after suffering injuries because of a defective product must be able to establish that the product was defectively designed, manufactured, or lacked appropriate instructions and warnings. Under Florida law, consumers may proceed under a negligence or strict liability theory. Although claims may involve both theories, strict liability governs Florida product liability lawsuits in most cases. Strict liability theory provides that a seller, distributor, manufacturer, or any other entity involved in distributing a product, may be liable to anyone who suffers injuries because of the product. Under this theory, defendants may still be liable, even if they engaged in all possible steps to ensure that the defect did not occur.

Product liability claimants must be able to prove that the product was defective or unreasonably dangerous, the product injured the plaintiff, and the product’s inherent design or defect was the direct cause of the claimant’s injuries. The crux of product liability cases rest in whether a plaintiff can present enough compelling evidence to show that the product was defective or unreasonably dangerous to a reasonable, ordinary consumer. Evidence of a defective product may be the product itself. However, in some cases, the product may no longer exist. This may occur if it was a consumable product, such as a prescription medication or supplement, or if the consumer did not own the product. In either case, expert witnesses provide plaintiffs with critical assistance in explaining complex subjects to juries.

Expert witnesses can effectively communicate complex technical and scientific concepts to juries. These witnesses can testify on an injury victim’s behalf and convey convoluted theories in a clear and manageable way to the trier of fact. Some common expert witnesses are medical experts, engineers, rehabilitation specialists, and economists. Expert witness testimony is often the most compelling portion of a plaintiff’s case.

Contact Information