Liability For Injuries Caused By Defective Electronic Household Products
Home appliances like microwaves, hair dryers, and washing machines usually make our lives a lot easier, at least when they serve their intended purpose. When these devices suddenly start malfunctioning due to a defect or a faulty part, however, they can be more than just annoying, but can actually cause serious injuries. Some defective household products have even exploded, ignited, or set the victim’s house on fire. While many victims just send their faulty appliances back for replacement if they’re still under warranty, there is another option, which involves bringing a legal action, known as a product liability suit, against the parties responsible for manufacturing the defective product. This is often the route chosen by those who sustained serious injuries when their product malfunctioned.
Consumer Rights
Under Florida’s implied warranty laws, consumers have the right to expect their products to be free of defects and to function as expected, so when an electronic appliance is faulty, consumers can return the product, have it repaired, or exchange it for a new model. This is true even if the return deadline has technically expired, as consumers can still return the product to the retailer or manufacturer. These implied warranty laws apply to home electronics purchased by consumers, who then found that the product didn’t work as intended.
Injuries Caused by Consumer Products
If someone is injured by a defective household product, then he or she may have the option of filing a defective product liability claim. However, before initiating this process, an injured party will need to first identify the defect type, which could include:
- Defective warnings or instructions regarding the product’s assembly or use;
- Manufacturer defects, which occur not because of a problem with a product’s design, but because of the way it was produced; or
- Design defects, which occur when a product couldn’t work safely because of the way it was designed.
When one of these kinds of defects causes an injury, a consumer can file a product liability claim. Often, it is not even necessary to prove negligence in these cases, as manufacturers can be held strictly liable as long as a claimant can provide proof of one of the aforementioned defects. If, however, it isn’t possible to show that a product was defective, a manufacturer could still be held liable if there is evidence of negligence in the design, production, or marketing of the product. For instance, proof that a manufacturer failed to supervise its manufacturing process or didn’t conduct adequate quality control, could be enough for a claimant to pursue a claim for damages based on manufacturer negligence.
Were You Injured by a Defective Consumer Product?
At Boone & Davis, our dedicated Fort Lauderdale personal injury lawyers can help you explore your legal options following an injury caused by the malfunctioning of a defective household product. To learn more about how our dedicated legal team could help with your case, please call us at 954-566-9919 or send us an online message today and set up a free case review.
Sources:
flsenate.gov/Laws/Statutes/2012/768.81
floridabar.org/the-florida-bar-journal/back-to-the-future-renewing-strict-product-liability-in-florida/
