Whether your holiday gift exchanges this year are in-person or virtual, one thing that hasn’t changed is the potential for dangerous products to be marketed and sold to consumers.
The Consumer Product Safety Commission has reported dozens of product recalls in recent weeks, some of which include:
- InvoSpa heated blankets, which have the potential to overheat, posing a fire and burn hazard.
- Arena Swim Snorkles, which reportedly pose a choking hazard because they can release excess material from inside the breathing tube.
- Salsa Cutthroat Bicycles, which have fork legs that can reportedly break and crack, posing a fall hazard to riders.
- Sonoma Good for Life Three-Wick candles sold at Kohls, which reported that the heat of the candle could ignite the wax surface or cause the wax to break, resulting in fire and burn hazards.
- YETI Rambler Travel Mugs with stronghold lid. The manufacturer reports the slider on the lid can eject, causing hot contents to spill and posing a burn/injury risk.
- Cat & Jack “Himani” and “Jaren” Toddler Boots sold at Target have been recalled due to a toggle on the boot that can detach from the elastic, which presents a possible choking hazard to kids.
Hundreds of thousands of these seemingly innocuous products have already been sold, and a recall is no guarantee they won’t continue to be used. In fact, a consumer product recall effectiveness survey released earlier this year found that while most Americans claim to comply with recall notices for products like consumer electronics, food, drugs and motor vehicles, far fewer actually do. Millennial consumers ranked lowest for product recall response.
It should be noted that a product recall is not automatically considered proof of manufacturer liability. Plaintiffs still need to prove all the elements of their case. On the other hand, manufacturers can’t use evidence of a recall notice to automatically evade liability either.
As West Palm Beach product liability lawyers, we are committed to fighting for those who have been injured by unreasonably dangerous products sold to the public.
Types of Florida Product Liability Claims
Florida tort law allows consumers injured by dangerous or defective products to hold manufacturers and sellers liable under two legal theories: negligence and strict liability. Plaintiffs need to prove that the product in question is defective/unreasonably dangerous and that this caused the plaintiff’s injuries.
In a negligence case, it needs to be proven that the manufacturer had a legal duty of care to design and manufacture a product that was reasonably safe for use, the manufacturer breached this duty, the plaintiff had an injury proximately (legally) caused by that breach of duty and plaintiff suffered damages.
To establish that a product was defective, your Florida product liability lawyer will need to show the defect was present in the product, it caused your injuries and that it existed at the time the retailer/supplier parted possession of the product or that manufacturer failed to warn against the danger of the product or provide adequate instructions for safe use.
There are three basic types of product liability claims:
- Defective design. This is when a product is unsafe for its intended use because of the way it was designed.
- Defective manufacturing. This is when a product may be safe as designed, but it was made or constructed in a way that made it unsafe.
- Failure to warn/label defects. This is when the design or manufacture may be safe, but the manufacturer did not adequately warn about an inherent danger when the product was used as intended.
These are often complex cases that may require extensive investigation, years of litigation and expert witness analysis and testimony. They can be worth it, though, not only for your own sake but for the sake of protecting other consumers from the same fate. If you or a loved one is injured when using a dangerous product, our South Florida product liability lawyers can advise you on the best legal course of action.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
Recall List, Consumer Product Safety Commission
More Blog Entries:
What Exactly Are Pain and Suffering Damages in Florida Injury Lawsuits? Sept. 30, 2020, Florida Palm Beach Product Liability Lawyer Blog