You have a right to be safe from harm when you use a product. When that doesn’t happen, you may be entitled to financial compensation if you are injured because of a defective or unreasonably dangerous product. You can also sue the liable party if the product labeling did not have adequate safety instructions and it led to your injuries. 

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Statute of Limitations for Product Liability Claims

You are required to file a product liability claim within 4 years under the statute of limitations. Injured parties are not required to prove fault or negligence under Florida’s ‘strict liability’ rule. This makes it easier for injured consumers to sue the product manufacturer or retailer. Both federal and state laws apply to product liability claims, making it confusing for victims. 

Commonly Reported Defective Products in Florida

The Consumer Products Safety Commission (CPSC) is responsible for gathering and analyzing data on product-related injuries in the country. Thousands of injured Floridians visit ERs or get hospitalized each year because of dangerous or defective products, according to the figures published by the CPSC. 

The following product groups have been listed as having the highest defect rates by the CPSC:

  • Sports and recreation equipment
  • Home communication and entertainment
  • Child nursery equipment
  • Toys
  • General household appliances
  • Heating, cooling, and ventilation equipment
  • Personal use items
  • Household containers
  • Home furnishings and fixtures
  • Miscellaneous items such as fireworks, gasoline, and elevators
  • Home structures and construction materials
  • Yard and garden equipment
  • Home workshop equipment
  • Home maintenance

Large, motorized items are also known to have several defective components. The CPSC also tracks data related to mopeds and scooters, boats, trucks, cars, and other automobiles. Defective tires and airbags are another key cause of injuries in Florida. You can seek damages in civil court under Florida law if you or a loved one suffered serious injuries because of a defective product. 

Types of Product Defects

As per Florida laws, a product is considered unreasonably dangerous if an injury could have been prevented by providing proper instructions or warning. There are three main types of product defects recognized in Florida that can lead to a lawsuit:

Design defects

These defects occur in the early stages of product development. The product needs to pass a consumer-expectation test to be termed as non-defective. The court assesses defective products on the basis of their safe performance when used as intended.

Information defects

This is a broad range of defects related to instructions and marketing associated with a product. Manufacturers have an untenable legal responsibility to warn potential consumers of any hazards related to using their products. Manufacturers are also required to provide instructions for use wherever applicable. 

Manufacturing defects

Manufacturing defects occur when the company responsible for assembling or constructing the product is negligent. These defects can occur because of improper construction, poor assembly, or by using cheap/wrong materials. It can also involve mistakes like damaged materials, bad welds, missing pieces, and others making it dangerous. Manufacturing defects are often due to poor quality control. 

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Legal Help is Here from Top-Rated Product Liability Attorneys Advocating for the Injured Victims in Florida

The tenacious and highly skilled product liability attorneys at The Alvarez Law Firm have been committed to helping the injured recover their rightful compensation. Backed by our legal acumen, extensive resources and network, and our decades of combined experience in negotiating, settling, and litigating product liability cases, numerous injured victims in Florida have recovered millions of dollars in damages. To schedule your free consultation, call us at 305-444-7675 or fill out this online contact form.

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