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The Effect of a Product Recall on a Florida Product Liability Lawsuit

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.

In some instances, a company’s remedies may not adequately compensate the consumer or those that suffered injuries because of a defective product. Additionally, some companies engage in deceptive practices to further their financial gain at the expense of consumers. In those cases, injury victims should contact an attorney to discuss their claim and the damages that may be available.

Have You Suffered Injuries Because of an Unsafe Product?

If you or someone you know has suffered injuries because of a defective product, contact the Florida product liability attorneys at Friedman Rodman Frank & Estrada, P. A. The injury attorneys at our law firm have extensive experience handling various injury cases, including those stemming from product defects, medical malpractice, premises liability, and workplace injuries. We have successfully recovered significant amounts of compensation on behalf of our clients. Damages in these cases typically include payments for medical bills, ongoing medical treatment, lost wages and benefits, as well as for any pain and suffering caused by the accident. Our attorneys possess the skills and tools necessary to effectively represent Florida accident victims in all types of personal injury cases. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney at our law firm.

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