For Miami residents who purchase an item, the last thing they will be thinking about is that it will be manufactured, produced, packaged and sold if there is a danger to it or a flaw within it. However, it does happen with a variety of products including food. While vigilant companies will do what they can to prevent this from happening and will take steps for a product recall if it is found to be dangerous in some way, problems will still happen. If a person is injured, suffers an illness or dies because of a food item, it could be the basis for a products liability lawsuit.
Following the largest recall in the United States automotive industry, Japanese airbag maker Takata Corp. has pleaded guilty to fraud and will now pay $1 billion dollars in penalties. The decision comes following an international scandal which also included allegations that five major automakers continued to use the defective devices despite learning of their dangers.
When a Florida resident is injured by a defective product, in some circumstances the law does not require that he or she prove negligence on the part of the manufacturer. Instead, the victim can proceed under the theory of strict liability.
Under Florida law, when a person is injured by an unreasonably dangerous product, the manufacturer may be held liable in a civil lawsuit. When a defective product causes a consumer death, the victim's family can pursue a wrongful death action. In both scenarios the manufacturer is held responsible for the injury or death under a body of state and federal law known as products liability.
Florida workers in factories, power plants, refineries and similar industrial settings face safety risks on a daily basis that most other workers can only imagine. The machinery and other equipment industrial employees work with can cause catastrophic injury or death if it is defectively designed or is not accompanied by adequate safety warnings. Workers can be, and sometimes are, crushed, burned, maimed or killed by the machinery in their workplaces.
When a Florida resident suffers injury or illness due to a toxic exposure, it is essential to identify who is legally responsible. Toxic exposure can occur just about anywhere. A significant number of cases arise in the workplace, when employees are exposed to dangerous industrial chemicals, cleaning solvents and other substances.
Under Florida law, when a person is injured in a car accident caused by a negligent driver they have the right to seek compensation in a personal injury lawsuit. But sometimes the injuries in a crash are made significantly worse by an unsafe automobile design. In these situations, the injured victim has the right to bring a products liability lawsuit against the carmaker.
Many people in Florida depend on prescription medications to maintain their health and live a normal life. Prescription drugs today can do everything from controlling high blood pressure to relieving chronic pain. Yet virtually all drugs have potential side effects. In some cases these side effects are minor and are clearly outweighed by the benefits of taking the medication. In other cases, however, the side effects can result in serious illness and even death.
When Floridians purchase a product, they are expecting it to be safe when they use it. Whatever the product may be, when there is something wrong with the product's construction or should it pose a hazard when it is installed, there can be injuries and even death.
While residents in Florida are under the general impression that the consumer goods that they use on a daily basis are safe, the unfortunate reality is that some harmful and defective goods enter the retail market. A dangerous or defective product could injure or impact the health and well being of a consumer; therefore, it is important that steps are put in place to signal that a product should be recalled -- or pulled from the market and corrected.