When you purchase a product, you have a reasonable expectation that it will be safe for its intended use. From the car you drive to the medication you take, you rely on manufacturers, distributors, and retailers to uphold their end of the bargain by providing safe and effective goods. Unfortunately, this is not always the case. Each year, countless individuals in Florida and across the nation are seriously injured by defective products. When this happens, the legal principle of strict liability often comes into play, providing a vital avenue for recourse.
This article offers a comprehensive overview of Florida’s strict liability rule in the context of defective product cases. We will explore what strict liability means, the different types of product defects, what you need to prove to have a successful claim, and the potential defenses that manufacturers may raise.
What Is Strict Liability in a Florida Defective Product Case?
In many Florida personal injury cases, the injured party must prove that the defendant was negligent—that they failed to exercise a reasonable standard of care, and this failure caused the injury. However, in product liability cases in Florida, the doctrine of strict liability often applies.
Under strict liability, a person injured by a defective product does not need to prove that the manufacturer or seller was negligent. Instead, the focus is on the product itself. If the product is determined to be defective and that defect caused the injury, the manufacturer, distributor, and seller can be held liable, regardless of how much care they exercised in creating and distributing the product.
The rationale behind this legal principle is that the companies profiting from the sale of a product are in the best position to ensure its safety and should bear the financial responsibility when their products cause harm. This encourages manufacturers to prioritize consumer safety above all else.
The Three Main Types of Product Defects That Lead to Defective Product Claims in Florida
For a successful product liability claim under Florida's strict liability rule, the injured party must first demonstrate that the product was defective. There are three primary categories of defects:
Design Defects
A design defect exists when the inherent design of a product makes it unreasonably dangerous, even when it is manufactured and used as intended. With a design defect, the entire product line is flawed.
To determine if a product has a design defect, Florida courts often apply the "risk-utility" test. This test weighs the risks posed by the product's design against its utility. A court may consider:
- The likelihood that the design will cause injury.
- The severity of the potential injury.
- The feasibility of a safer alternative design.
- The cost of implementing a safer design.
- The impact of a different design on the product's usefulness.
An example of a design defect would be a model of an SUV that has a high center of gravity and is prone to rolling over during routine driving maneuvers.
Manufacturing Defects
A manufacturing defect occurs when a product is not made according to the manufacturer's own specifications. In these cases, the design may be perfectly safe, but an error during the manufacturing process makes a specific unit or batch of the product dangerous.
These defects are often unintended and may only affect a small percentage of the products. Examples of manufacturing defects include:
- A batch of prescription medication contaminated with a harmful substance.
- A bicycle assembled with a cracked frame.
- A swing set that was sold with a missing, essential bolt.
Marketing Defects (Failure to Warn)
A marketing defect, also known as a failure to warn, arises when a product is sold without adequate instructions or warnings about its potential, non-obvious dangers. The manufacturer has a duty to inform consumers about the risks associated with the foreseeable use of their product.
This type of defect can include:
- Insufficient instructions for safe use.
- Inadequate warnings about potential side effects of a medication.
- The failure to warn about the dangers of using a product in a particular, foreseeable way.
A classic example is a powerful cleaning solvent sold without a clear warning that it should only be used in a well-ventilated area to avoid toxic fume inhalation.
Proving Your Product Liability Claim with a Product Liability Attorney
While you don't have to prove negligence in a strict liability case, you do have to establish several key elements to have a successful product liability claim. A seasoned product liability attorney can be instrumental in gathering the necessary evidence and building a compelling case. The core elements you must prove are
- A Relationship Exists Between the Defendant and the Product: You must show that the defendant—be it the manufacturer, a parts supplier, a wholesaler, or a retailer—was involved in the chain of distribution of the product.
- The Product Was Defective: You must prove that the product had a design, manufacturing, or marketing defect at the time it left the defendant's possession.
- Causation: This is a two-pronged element. You must demonstrate that the defect was the actual cause of your injury (the injury would not have occurred but for the defect) and the proximate cause (the injury was a foreseeable result of the defect).
- The Product Was Used in a Reasonably Foreseeable Manner: Even if you were not using the product exactly as intended, you may still have a claim if you were using it in a way the manufacturer could have reasonably anticipated.
- You Suffered Damages: You must have incurred actual harm, such as medical expenses, lost wages, pain and suffering, or property damage, as a result of the defective product.
Who Can Be Held Liable in a Product Liability Case?
Florida law allows an injured party to seek compensation from any entity in the product's chain of distribution. This can include:
- The Manufacturer: The company that designed and built the product.
- A Parts Manufacturer: If a specific component of the product was defective, the manufacturer of that part could be held liable.
- The Wholesaler or Distributor: The intermediaries who move the product from the manufacturer to the retailer.
- The Retailer: The store that sold the product to the consumer.
The ability to hold any party in the chain of distribution liable provides a greater chance for an injured person to receive the compensation they deserve.
Damages Available in a Florida Product Liability Lawsuit
If your product liability case is successful, you may be entitled to recover several types of damages. These are generally categorized as
Economic Damages: These are the tangible financial losses you have suffered, including
- Past and future medical expenses.
- Lost wages and loss of future earning capacity.
- The cost to repair or replace damaged property.
Non-Economic Damages: These are the intangible losses that are more subjective but just as real, such as
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Disfigurement or scarring.
Punitive Damages: In some rare cases, punitive damages may be awarded. These are not intended to compensate the victim but rather to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. To receive punitive damages in Florida, you must prove that the defendant was guilty of intentional misconduct or gross negligence that lead to serious injury or death.
Common Defenses in a Defective Product Lawsuit
When faced with a product liability claim, manufacturers and their insurance companies will often raise certain defenses to try and avoid or limit their liability. An experienced product liability lawyer will be prepared to counter these arguments. Common defenses include
- The Statute of Limitations: In Florida, you generally have four years from the date you knew or should have known about the injury and its connection to the product to file a lawsuit. There is also a "statute of repose," which, in most cases, bars claims filed more than 12 years after the product was first sold, with some exceptions for products with a long expected life.
- Alteration of the Product: If you significantly altered the product after purchase and that alteration caused your injury, the defendant may not be held liable.
- Comparative Fault: Florida follows a "modified comparative negligence" rule. This means that if your own negligence contributed to your injury, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your total damage award will be reduced by 20%. If your fault is found to be 51% or greater you will not be able to receive any compensation.
- State-of-the-Art Defense: A defendant in a design defect case may argue that their product complied with the "state-of-the-art" safety standards that existed at the time of manufacturing.
Why You Need an Experienced Florida Product Liability Attorney
Navigating the complexities of a product liability case on your own can be incredibly challenging. These cases often involve taking on large corporations with vast legal resources. A skilled product liability attorney can level the playing field by:
- Conducting a Thorough Investigation: This includes gathering evidence, consulting with experts in engineering and other relevant fields, and determining the nature and extent of the product's defect.
- Identifying All Liable Parties: Your attorney will work to identify every entity in the chain of distribution to maximize your chances of a full financial recovery.
- Calculating the Full Extent of Your Damages: An experienced lawyer will ensure that all of your past, present, and future losses are accounted for when seeking compensation.
- Negotiating with Insurance Companies: Your attorney will handle all communications and negotiations with the defendant's insurance company to protect your rights and fight for a fair settlement.
- Taking Your Case to Trial: If a fair settlement cannot be reached, a dedicated product liability lawyer will be prepared to advocate for you in court.
The aftermath of an injury caused by a defective product can be traumatic. You may be facing mounting medical bills, time away from work, and significant pain and suffering. You do not have to go through this alone.
Need Legal Help? Call Brandon J. Broderick Today
At Brandon J. Broderick, Attorney at Law, we are committed to holding negligent manufacturers and sellers accountable for the harm their defective products cause. Our team has the experience, resources, and dedication to fight for the justice and compensation you deserve.
If you or a loved one has been injured by a defective product in Florida, do not hesitate to contact us for a free, no-obligation consultation. We will listen to your story, answer your questions, and provide you with clear guidance on your legal options. Let us put our expertise to work for you.