A product recall in Florida can occur when a product is released with a design defect that makes the product dangerous. For example, if a stroller’s design makes it possible for a baby to slip out of the stroller, this design defect makes the stroller dangerous.
The manufacturer of a product could discover a defect independently and voluntarily recall the product, or various government agencies, including the Consumer Product Safety Commission; the Food and Drug Administration; and the National Highway Traffic Safety Administration could conduct an investigation in response to consumer complaints and could recommend or issue a recall.
If a recall occurs due to a design defect, this recall and the events leading up to the recall indicate that there is a serious problem with the product. Consumers who were using the product with the design defect could pursue a product liability claim.
Florida Statute 768.81 explains that products liability civil actions can be based on negligence, nuisance, breach of warranty or strict liability. Products liability claims can be based on damages caused by “construction, design, formulation, installation, preparation or assembly of a product.”
A victim hurt by a defective product does not have to prove a manufacturer was negligent to recover compensation for injuries the product caused to occur. A consumer can recover compensation for damage caused by product defects if the victim can prove they were harmed as a direct result of a defect. A recall of a product due to a design defect should help victims to prove that a defect actually existed. An attorney can provide assistance in determining if a victim has a case and proving a claim based on a design defect.