Products Liability and Crashworthiness Doctrine in Florida
While a high percentage of motor vehicle accidents involve some degree of negligence on the part of one or more drivers, some accidents result, in whole or in part, from a defect in the vehicle or a component part. Brakes fail, steering columns lock, tires blow out, accelerators stick. Since almost the time of the first automobile, car manufacturers have been held liable for injuries where a defect in the vehicle caused a collision. Initially, liability was premised on the ground of negligence. Today, states also recognize strict products liability as a basis for holding vehicle manufacturers and sellers liable for injuries resulting from defective automobiles. All American states have adopted some form of strict products liability, or at least something approaching strict liability even if not denominated as such. In this blog post, we will discuss products liability and crashworthiness issues that may arise in car accident cases.
Products Liability in Car Accident Cases
The great majority of states have adopted strict liability in the version represented by § 402A of the Restatement Second Torts which says that an individual who sells any product in a defective condition that is unreasonably dangerous to the user or consumer or to their property is subject to liability for physical harm caused to the ultimate user or consumer or to their property. The caveat being that for liability to attach, the seller must be engaged in the business of selling such a product and expects the product to reach the user or consumer without substantial change in the condition in which it is sold. These rules apply even if the seller of the vehicle has exercised all possible care in the preparation and sale of their product, and the user or consumer has not bought the product from or entered any contractual relation with the seller. The elements that are generally required to be shown in a strict products liability action are: (1) that the seller was engaged in the business of selling the product that caused the harm; (2) that the product was defective when sold; (3) that the product was unreasonably dangerous to the user or consumer; (4) that the product was intended to and did reach the consumer without substantial change in the condition in which it was sold; and (5) that the product caused physical harm to the consumer.
The Crashworthiness Doctrine in Florida
Liability for a product defect under the strict liability doctrine may arise by virtue of a defect in the manufacture of the product, a defect in design of the product, or a failure to warn with respect to the danger in the use of the product. In the past, car accident products liability cases centered on situations where the alleged defect caused or contributed to the collision which injured the plaintiff. In the course of time, a manufacturer’s liability has been extended to include crashworthiness or second collision cases, which involves a situation where the alleged product defect did not cause the collision but rather enhanced the plaintiff’s injuries. In a crashworthiness case, the focus is upon events following the initial impact, including both the collision of an occupant with the interior portions of the vehicle and the structural integrity of the vehicle in absorbing the impact. Products liability cases, particularly “crashworthiness” or “second impact” cases, are very demanding on the financial and human resources of a law firm. The issues are quite technical, often requiring the assistance of engineers to assist the firm. Automobile manufacturers are prepared to spend seemingly unlimited dollars in defense of these claims. While such cases can result in huge awards, an attorney handling such a case must be prepared to devote a great deal of time and effort to the case and expect to be confronted with a well financed, tenacious defense.
Are You Looking for a South Florida Products Liability Attorney? There are many types of defects that can be found in products sold to consumers. When a product is defective, it can lead to personal injuries. Products liability lawsuits allow for injury victims to pay for medical treatment when an injury is sustained. Our firm is dedicated to making sure that those responsible for injuries are held accountable for their carelessness. We help clients injured by a negligent person or business by forcefully tracking down the responsible parties down to make sure injury victims can be compensated properly. If you have been injured by a defective product, contact our office today to learn more about how we can assist you. Whether you simply want to discuss your case with a personal injury lawyer to get some insight on your legal rights and responsibilities or want to hire a lawyer to completely handle your personal injury claim, you don’t just want to hire any lawyer. You want to make sure you hire a lawyer who is experienced in personal injury law and one you will feel comfortable with. If you have been injured by a defective product, do not hesitate to contact the product liability attorneys at Suarez & Montero to receive your free consultation. We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
