Every year thousands of individuals in Florida suffer serious injuries or death because of a defective product, food, or device. In some cases, manufacturers catch faulty products before they cause serious injuries; however, in the vast majority of cases, defective products are recalled after a significant amount of damage has occurred. Florida product recalls usually happen after a manufacturer or a government agency discovers that the product is inherently or unreasonably dangerous to consumers. Although some manufacturers voluntarily recall their products, some prolong the recall for as long as possible. However, manufacturers who issue recalls are not automatically held liable for the injuries that their product causes. Floridians who suffer injuries because of a defective product should contact an attorney to discuss their rights and remedies in these cases.
Typically, Florida product liability lawsuits are complex and require a thorough and comprehensive understanding of evidentiary and procedural rules. However, at their most basic level, these cases require a plaintiff to establish that the product was defectively designed, manufactured, or lacked appropriate warnings. Then a plaintiff must prove that they used the product as intended, but that the product was the proximate cause of their injuries. Finally, the plaintiff must show that they suffered an actual, compensable loss because of the defective product.
These cases often stem from defective medical devices, car parts, infant products, children’s toys, boats, pool equipment, and recreational vehicles. For example, recently, the United States Consumer Product Safety Commission issued a recall of a recreational off-highway vehicle (ROV). The recall involves certain Honda Pioneer side-by-side vehicles. According to the recall notice, the ROV poses crash and injury hazards because it can move or roll when it is parked. Currently, the company has not received notification that anyone has suffered injuries; however, they received notice that the ROV began moving while parked. They advised consumers to immediately stop using the product and contact an authorized dealer for their next steps.