We expect that a product we purchase, be it food, an appliance, or a vehicle, will be safe to use. These products may cause injury or property damage, and you may be entitled to compensation. Consumers can file product liability suits for everything from defectively made appliances to prescription drugs.
A recent news article states that a serious car accident involving a Tesla has prompted a federal investigation of the new technology in the vehicle and its safety for consumers. The National Transportation Safety Board, a U.S. safety agency, sent three investigators to the scene of the accident. They were looking for any photos or videos that showed the crash and the fire. Tesla vehicles do not run on gasoline, so it’s unclear what caused the accident or fire. The automated driving system of the Tesla vehicle was not activated when the accident occurred, as has been the focus of federal attention in recent years. The investigators will make recommendations for future safety regulations in the report they plan to produce.
Florida is a state where similar incidents often lead to product liability lawsuits. However, these claims are subject to laws and requirements that govern lawsuits involving product liability. These cases are often complex, and it is important that potential plaintiffs fully understand what they will be facing if they file a product liability suit.
In order to file a product liability claim, plaintiffs will need to adhere to the limitations period. This is usually four years in cases of injury to an individual or damage to property. It’s two years if it involves wrongful death. The discovery rule is applicable in Florida to product liability claims. The clock starts when the plaintiff discovers or should have known what caused the damages that gave rise to a case.
Florida also follows a strict comparative negligence framework. If the consumer is partly at fault, the compensation you receive will be reduced proportionally to the amount of your fault. If you filed a lawsuit for a defective product that caused $100,000 of damage, but you were 60% at fault, then your $100,000 award would be reduced to $60,000.
Last but not least, it is important that potential plaintiffs understand the legal basis of their claim. Florida courts follow two main theories of product liability: negligence and products liability. Product liability is centered on the defective product, while negligence is a form of negligence that places the blame on the manufacturer, seller, or distributor. Florida allows products to be defective due to design, marketing, or manufacturing.
Are You in Need of a Florida Product Liability Attorney?
Contact W. Lee Clark & Associates if you or someone close to you was injured or killed in Florida by a defective product. Our attorneys will fight for you and provide the legal expertise and guidance necessary to pursue a legal claim. Contact us today at (941) 231-4929 to schedule a complimentary initial consultation.
https://wleeclark.com/ is a dedicated law firm based in Lakewood Ranch, FL. They specialize in personal injury cases, slip and fall injuries, mass torts, defective product claims, tobacco and vaping-related cases, and wrongful death cases across Florida. With years of experience and a client-first approach, the firm proudly serves clients in Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been hurt by a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates offers the guidance and legal representation you need to protect your rights and seek compensation. Schedule your consultation today!