In Florida, a wrongful death occurs when a person dies due to the negligence or wrongdoing of another party. This can happen in a variety of situations, including product defects. Product manufacturers have a legal responsibility to ensure their products are safe and properly labeled.
If a defective product causes a person’s death, the manufacturer may be held liable. In such cases, the surviving beneficiaries of the deceased, such as spouses, children, or parents, can file a wrongful death claim, with the help of a wrongful death attorney, against the manufacturer or other responsible entities. Compensation can be received for a variety of losses, including medical expenses incurred before death, lost future income of the deceased, and the emotional pain and suffering caused by their loss.
The Three Main Categories of Defective Products Leading to Wrongful Death
Many wrongful deaths caused by defective products fall into three main categories: manufacturing defects, design defects, and inadequate warning labels. Manufacturers have a strict responsibility to ensure their products are safe throughout their entire life cycle, from conception to consumer use.
Manufacturing Defects:
In Florida, manufacturers are held responsible for ensuring their products are manufactured correctly. This is because the manufacturer controls the entire production process, from choosing materials to assembling the final product. They’re expected to have quality control measures in place to catch any mistakes.
Manufacturing defects can turn a seemingly safe product into a deadly hazard. Take faulty car brakes for example. If crucial components are improperly manufactured, the brakes can fail, leading to car accidents with tragic consequences.
Another frightening example is with improperly sterilized medical equipment. If surgical instruments aren’t made sterile during the manufacturing process, they can harbor dangerous bacteria that cause life-threatening infections during surgery.
Design Flaws:
Just like manufacturing mistakes, design flaws can also make products dangerous. Florida law holds manufacturers accountable for the safety of their products’ design. This means they can’t simply create a product and assume it’s safe. They need to consider potential risks and design the product to minimize those dangers.
A common design flaw is an unstable car design. If a car’s center of gravity is too high, it’s more likely to roll over in an accident, causing serious injuries or even fatalities.
Another example is with common household appliances. Faulty electrical wiring built into the design of an appliance can overheat and spark, starting house fires that claim lives.
Inadequate Warnings:
In Florida, manufacturers can be held liable if their products lack clear warnings, labels, or instructions. This makes sense because the manufacturer knows exactly how the product is made, what’s in it, and how to use it safely. So, the warnings need to be both clear and accurate.
Even a well-designed product can be dangerous if people don’t understand the risks. For example, confusing medication labels might lead patients to take them unknowingly, causing fatal allergic reactions. Similarly, poor pool chemical labeling can be deadly. If the instructions aren’t clear, people might mishandle the chemicals, leading to accidental poisoning or even explosions with tragic consequences.
Consumer Tips for Avoiding Defective Products in Florida
Staying safe from defective products is a priority for everyone in Florida. While manufacturers are responsible for ensuring product safety, consumers can also play a proactive role in minimizing risks.
- Be Informed: Before buying a new product, take some time to research its history. Regularly check the Consumer Product Safety Commission website for product recalls. These lists detail potentially dangerous products currently on the market.
- Read the Label, Every Time: Warning labels and instructions are there for a reason. Take the time to read and understand the information provided with every product you purchase. If the instructions are unclear, don’t hesitate to contact the manufacturer for clarification.
- Report Suspected Defects: If you suspect a product you own is defective, don’t wait! Report the issue directly to the manufacturer and the CPSC. By doing so, you can help prevent others from experiencing the same dangers. Your report could be instrumental in getting the product recalled, which means it would be removed from store shelves nationwide to protect consumers.
By following these simple tips, you can take control of your safety and minimize the risk of encountering defective products in Florida. Remember, a little bit of caution can go a long way in protecting yourself and your loved ones.
How a Skilled Wrongful Death Attorney Can Help
Product defect cases require a significant amount of evidence to prove the product was defective and that the manufacturer is liable. A skilled wrongful death lawyer will know how to investigate the accident scene and the product itself in detail. They will collect witness statements, medical records, and any product manuals or safety reports that might shed light on the defect. Consulting with experts like engineers or product safety specialists to analyze the defect and its role in the death.
Time is of the essence in these cases. Florida has a 2-year statute of limitations, a deadline by which you must file a wrongful death claim. A knowledgeable wrongful death attorney can ensure you meet this deadline to preserve your right to compensation.
Furthermore, wrongful death claims can seek compensation for a variety of losses, including medical bills incurred before death, the lost future income the deceased would have earned, and the emotional suffering of surviving family members. Wrongful death lawyers can assess these damages and fight for the maximum compensation you deserve.
Product liability cases can be intricate and involve technical arguments. Having an experienced wrongful death attorney represent you in court gives you a strong voice and ensures your case is presented effectively before a judge and jury. These attorneys are well-versed in Florida’s product liability laws and understand legal principles that apply to your case.
Get Help from Miami Wrongful Death Lawyers
If you are suffering the loss of a loved one due to a defective product, our experienced Miami wrongful death attorneys can help. Contact Dolan Dobrinsky Rosenblum Bluestein today for a free and confidential consultation. Call us at 305-371-2692 today.