Filing a Product Liability Claim: How to Get Started in Florida

Hopping in your vehicle, turning over the engine, and hitting the road is almost automatic for most drivers. You rarely think about anything going wrong with your vehicle. Sure, you know some parts like brake pads wear out over time. What you don’t expect is for a defective part to be installed on your vehicle. 

With approximately 30,000 parts on a motor vehicle, it shouldn’t be surprising to learn that occasionally things can malfunction. When you’re injured in an accident caused by a defective car part, you may be able to file a product liability claim. However, there’s more to the process than simply calling the manufacturer and demanding compensation. There are steps to follow if you want to recover compensation for your damages.

Navigating Florida’s Product Liability Laws

The Sunshine State has a few laws regulating when you can file a claim against a manufacturer for a defective product. These product liability laws work to protect both the consumer and the manufacturer. The consumer is protected against harm from defective and/or malfunctioning products. The manufacturer is protected against baseless lawsuits.

In other words, you have the right to accept a product to function properly without causing injury. Manufacturers have the right to deny any injury claim that doesn’t include proof. This means you’re going to need to establish two things before a product liability can go anywhere. You must show the product is defective and that it’s the direct cause of your injuries and other damages.

While this part of Florida’s product liability laws is fairly simple, just wait until you need to decide if negligence or strict liability applies.

Understanding Negligence

In a nutshell, negligence occurs when someone doesn’t perform their duty of care. For manufacturers, this duty is to ensure their products are safe to use. There is an exception. The product must be used the way the manufacturer intended. So, if your brand-new brake pads fail because you installed them backward the manufacturer isn’t guilty of negligence. Essentially, you’re at fault for the accident and your damages since you misused the product.

Manufacturers are also responsible for warning customers about any potential dangers the product may cause. Now you finally know why your clothes hangers come with a choking hazard warning. This simple warning protects the manufacturer if someone tries to swallow a hanger and it results in an injury. So, if you’re filing a negligent product liability claim you’re going to need to prove the following:

•  Manufacturers and/or retailers are obligated by law to protect customers from unreasonable risks. This is their duty of care.
• That the defendant failed to do that duty. This is considered a breach of duty.
• That there is a close link between the conduct and resulting injury. This proves causation.
• The defendant suffered actual losses or damages that wouldn’t have occurred if not for the defective product.

If you can prove these four elements of negligence, there’s a good chance you can move forward with a product liability claim.

Understanding Strict Liability

Proving negligence can be a pain regardless of the type of accident claim. Thankfully, you may have another option. You may have a strict liability claim and this means negligence goes out the window. Okay, negligence still applies only it’s more or less understood that the manufacturer is the negligent party.

So, strict liability rules allow consumers to file a claim against a product manufacturer even if the manufacturer has taken every precaution to prevent an accident and/or injuries. The part can be properly designed and manufactured, The packaging can even have all of the correct warning labels but this doesn’t make a difference in strict liability law.

While filing a strict liability claim is easier than navigating the elements of negligence, it’s not necessarily easier to win compensation. The manufacturer’s insurance provider is just waiting to start taking your claim apart. The insurance adjuster can try and deny your claim stating you used the product for purposes outside its intended use. From there, the insurance company can claim you’re the negligent party since you’re not using the product properly.

Since Florida is a comparative negligence state, if you’re found to be partially negligent for your injuries your compensation can be reduced. Another tactic the manufacturer may use to try and deny your strict liability claim is you should be aware of any dangers associated with using a defective product. Since you still used the product, once again you may be partially negligent.

While the thought of being found at least partially responsible for your injuries can be enough to make you want to stick with a negligence claim, don’t walk away just yet. Only a judge can decide if you’re partially responsible for your injuries, not the manufacturer’s insurance adjuster. If you’ve partnered with an experienced Florida product liability attorney, you may be able to avoid this potential issue.

Is False Advertising Grounds for Filing a Product Liability Claim?

We noted earlier that manufacturers have a responsibility to warn consumers of any potential risks their products may pose. This can include often ridiculous risks like warning a coat hanger is dangerous if swallowed.

While some of the product warnings may seem silly and utterly useless. After all, who’s going to try and swallow a coat hanger? These warnings also protect the manufacturer from product liability claims. So, if a manufacturer doesn’t provide adequate warnings like a toy can be a choking hazard for children under 3 or directions on proper usage they may be liable if an accident and injury occur. In other words, it’s usually best for manufacturers to cover any potential accident scenario instead of leaving it to chance.

To answer the question, yes you should be able to file a product liability claim if false advertising is present.

Recovering Compensation in a Product Liability Claim

Recovering compensation can be a journey in a product liability claim. However, an experienced liability attorney can help you navigate the process. From proving negligence to deciding if you have a strict liability claim, your attorney can handle every step in the legal process. 

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