Miami Personal Injury Lawyer Blog
Consumers trust that the products they buy will be safe for them and their families. However, that is not always the case. In particular, parents of young children in Miami should be aware of an important announcement by the US Consumer Product Safety Commission (CPSC). Fisher-Price is recalling more than 2 million Snuga Infant Swings due to a suffocation hazard. Five deaths have been reported. Consumers are advised to remove the headrest and body support insert from the seat pad before continuing to use the swing.
Fisher-Price will provide a $25 refund to consumers who remove and destroy the headrest and body support insert. However, entire families suffer significant losses when a child is injured due to defective products. It’s wise to reach out to a Miami product liability lawyer to learn more about your remedies, but a summary is helpful.
Overview of Products Liability
In Florida, products liability laws protect consumers injured by defective products. These laws ensure that manufacturers, distributors, and retailers are held accountable for the harm caused by their products. There are different foundations for these claims, and strict liability is the most common. The focus is on the product’s defect, not the actions or carelessness of the manufacturer.
Negligence is another theory of liability, which considers whether the manufacturer failed to meet safety standards. Breach of warranty addresses broken promises about a product’s safety or performance. Victims in Florida must establish that the defect caused their injury and that they used the product as intended.
Design, Manufacturing, and Labeling Defects
Defective products fall into three categories:
1. Design defects occur when the product’s design is inherently unsafe, even when manufactured correctly.
2. Manufacturing defects arise from errors during production, resulting in a product that deviates from its intended design.
3. Labeling defects involve inadequate instructions, warnings, or misrepresentations that lead to consumer injuries.
Injuries caused by these flaws entitle victims to pursue compensation for medical expenses, lost wages, and other damages.
How Class Actions Work in Products Liability
Class action lawsuits are a powerful tool for victims of defective products in Florida. When multiple consumers suffer similar injuries from the same product, they can join together to file a class action. This collective approach allows victims to share resources, streamline the legal process, and achieve uniform outcomes. Courts evaluate whether the plaintiffs’ claims share common legal or factual questions before certifying a class action.
Victims benefit from shared evidence and legal expertise, increasing their chances of obtaining fair compensation. Florida residents injured by recalled or defective products may find class actions an effective way to address widespread harm.
Contact a Miami Products Liability Attorney to Learn More
Product recalls are useful for protecting consumers, but they do not prevent all injuries. If you or a loved one were hurt by a defective product, Gerson & Schwartz, PA, can help. With offices in Miami, Fort Lauderdale, and West Palm Beach, our experienced attorneys are ready to assess your case and explain your rights. Visit us online or call (305) 371-6000 to schedule your free consultation and learn how we can assist with your claim.
