The Honest Co., co-founded by celebrity Jessica Alba, issued a recall of its organic baby powder across the United States due to concerns of skin and eye infections. The decision to recall came after tests showed possible microorganism contamination. Put another way, the baby powder is being recalled because it may cause skin or eye infections due to bacterial contamination. If you or someone close to you has been injured by this baby powder, contact one of our Miami injury attorneys as soon as possible.
The Honest Co. has been sued several times before. Last year, the company faced a class action lawsuit for “deceptively and misleadingly” labeling products as “100%” natural when they contained synthetic ingredients. The lawsuit seeks punitive damages as well as costs and attorneys’ fees.
Product liability law requires a manufacturer or seller to provide safe and secure products to the public. Product liability cases can be classified in one of three ways: i) the product was designed defectively; ii) the product was manufactured defectively; or iii) there was a failure to warn the consumer adequately about the risks and dangers associated with using the product for its intended use.
A design defect refers to a defect that occurs at a product’s conception when the original design is drawn up. Put another way, a design defect is when the blueprint contains the error. A manufacturing defect, on the other hand, takes place on the assembly line or wherever the parts are put together and assembled. When it comes to a failure to warn, negligence is not necessary. Instead, manufacturers are held to a higher standard than under a negligence case. Under Florida law, it needs only to be shown that the defendant did not adequately warn the consumer of known or knowable dangers. A product is deemed defective when the foreseeable risks of harm posed by the product could have been reduced through reasonable instructions or warnings.
Product liability claims, involving faulty products, must be made within a certain time frame, known as the statute of limitations. This is especially true for products that may be recalled by the manufacturer or distributor for known defects.
When a defective product causes an injury, the consumer may be able to recover compensation through a product liability claim. Typically, a plaintiff can seek medical expenses, lost income, pain and suffering, and in particularly egregious cases, punitive damages. Of course, the compensation that will be awarded in each case will vary depending on the nature and extent of the injuries suffered.
If you have been injured as a result of a dangerous or defective product, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, we understand how to deal with even the most complicated product liability claims. You can rest assured that a Miami product liability attorney at our firm will take every step to help you seek a favorable outcome in your case. We proudly represent clients throughout South Florida. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
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Drunk Driving Accidents Around the Holidays in Florida, South Florida Injury Lawyer Blawg, January 4, 2016
Allergic Reaction Injuries in Florida, South Florida Injury Lawyer Blawg, January 4, 2016
Christmas Tree Accidents in Florida, South Florida Injury Lawyer Blawg, January 4, 2016