South Florida Injury Lawyer Blawg
At the end of 2020, the U.S. Consumer Product Safety Commission (CPSC) reported a Home Depot ceiling fan recall. After receiving dozens of reports, Home Depot issued the voluntary recall that the fan’s blades were detaching and posing serious dangers to people and property. Despite the voluntary recall, individuals who suffered injuries from a faulty ceiling fan may recover damages under Florida product liability laws. Responsible parties may include the product’s manufacturer, importer, wholesaler or retailer. Essentially any party in the stream of commerce may be a potential party.
The Home Depot described the nearly 200,000 ceiling fans as having remote controls, and LED lights. The home improvement store sold the fans in white, black and polished nickel. The fans are manufactured by a Florida company producing the items in China and importing them out of Georgia. There were approximately 182,000 units sold in the United States and another 9,000 in Canada. Manufacturers and federal authorities advised consumers who purchased the fans to stop using them and inspect the blades to ensure that they are not uneven. If any erratic movements or gaps are present, the consumers should contact the distributor.
Florida statute 768.81 governs product liability claims in the state and explains injury victims’ rights and remedies. The majority of claims stem from negligence or strict liability; however, some may arise from a breach of warranty. More than one theory may apply; however, an attorney can help plaintiffs determine the most promising strategic approach.
Plaintiffs pursuing a negligence claim must show that the at-fault party owed the plaintiff a duty of care, which they breached, causing injuries to the plaintiff, resulting in damages. In the products liability context, the breach usually stems from design defects, manufacturing defects, or failure to warn issues.
In contrast, plaintiffs proceeding under a strict liability theory do not need to prove the product manufacturer’s negligence. Instead, a manufacturer will be responsible for injuries that occur because of the item’s defects. In these situations, the plaintiff must only prove that there was something wrong with the item. Strict liability lawsuits often follow product recalls, as product recalls typically indicate a serious issue with an item. However, a product recall in and of itself is not enough to prove liability. Plaintiffs must still establish that the defective product resulted in the plaintiff’s injuries.
Have You Suffered Injuries Because of Another’s Negligence?
If you or someone you love has suffered injuries or died because of another’s negligence, you should contact the Law Offices of Robert Dixon. Our attorneys have extensive experience handling Florida product liability cases, as well as those involving, premises liability, catastrophic injuries, medical malpractice, and nursing home abuse. We provide our clients with respect and compassion, making sure to consider the full extent of their damages. Through our representation, our clients have recovered significant amounts of compensation for their injuries. Compensation in these cases typically include payments for medical expenses, ongoing treatment, lost wages and benefits, loss of companionship, pain and suffering, and funeral and burial expenses. Contact our law firm at 877-499-4878 to schedule a free initial consultation with an attorney at our office.