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.