Navigating Florida's Products Liability Law: Defective Products, Warnings and the Pursuit of Justice
Products liability law plays a crucial role in protecting consumers from dangerous and defective products. In Florida, the legal framework governing products liability is multifaceted, encompassing strict liability, negligence and breach of warranty claims. As technology advances, consumer products have grown increasingly complex, making them potentially more confusing and hazardous.
December 19, 2024 at 10:30 AM
6 minute read
By Bernardo Pimentel II
Products liability law plays a crucial role in protecting consumers from dangerous and defective products. In Florida, the legal framework governing products liability is multifaceted, encompassing strict liability, negligence and breach of warranty claims. As technology advances, consumer products have grown increasingly complex, making them potentially more confusing and hazardous. Consequently, Florida courts are frequently confronted with issues involving product defects, inadequate warnings, and faulty instructions, which pose significant risks of injury or even death. This article explores Florida’s products liability landscape, focusing on the types of claims that can be brought, the concept of strict liability, and the nuances surrounding warnings and instructions.
Strict Liability in Florida: The Heart of Products Liability
Florida’s products liability laws are rooted in the doctrine of strict liability. Under Florida law, a manufacturer, distributor, or retailer can be held strictly liable if a defective product causes injury, regardless of intent or negligence. Strict liability focuses solely on the product’s condition. If a product is unreasonably dangerous due to a design flaw, manufacturing defect, or insufficient warnings, an injured consumer can bring a claim without proving the manufacturer’s fault. This approach is particularly important for complex and inherently dangerous products, where consumers may lack the expertise to identify defects.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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