Florida court’s stance on product liability litigation has been long been a topic of debate. Several landmark cases over the past 40 years have shifted the court’s fundamental approach to product liability litigation back and forth.

The most recent, Aubin v. Union Carbide (2015), has set a new precedent for the foreseeable future of the court’s stance on product liability.

Prior to Aubin v. Union Carbide, the courts had shifted between a strict product liability approach and a negligence-based approach. Although the courts moved away from liability from negligence in favor of strict liability in the mid-60s, it was often faced with the legal question of the role of manufacturer/seller negligence.

Strict Product Liability

Florida courts have since adopted a firm, strict product liability approach. This means that manufacturers and sellers can be held liable in personal injury cases involving their product if the injury is directly related to the product being in an unreasonably dangerous condition, regardless of actual negligence.

An unreasonably dangerous condition can either mean:

  • A product fails to perform as normally as the consumer should expect it to
  • A products inherent risks outweigh its benefits

Florida’s strict product liability laws mean that consumers are protected against manufacturing defects. There three types of manufacturing defects applicable under Florida Law:

  • Design Defects – these occur when there is a flaw in the design of a product even before it is put into assembly
  • Manufacturing Defects – these occur during assembly of a product
  • Marketing Defects – these occur when a product is improperly marketed or may lack proper product details/warnings

Personal injury or wrongful death resulting from a product defect can be a scary thing. If you or a loved one has been injured by a defective product, you may have many questions: who is responsible?, who is liable?, how do I make sure I/we are protected?

Our team at Wolfe Law Tampa is here for you. We have the expert experience to handle any personal injury or wrongful death claims due to product defects and we will help you every step of the way. If you have questions about product liability litigation or alternative dispute resolution, contact us today.