In the state of Florida, Florida statute 768.81 explains that a products liability action can be brought by a victim who is injured by a product. A plaintiff can make a products liability action based on negligence, strict liability, or breach of warranty.
Strict liability rules mean that the product manufacturer is always responsible for injuries that occur as a direct result of product defects. Unlike in other personal injury claims, a plaintiff will not have to specifically prove a product manufacturer was negligent in order to be liable for losses.
When a plaintiff is hurt by a defective product and makes a strict liability claim, the plaintiff will not have to prove manufacturer negligence, but will have to prove there was actually something wrong with the product. A product recall is a clear indicator of serious problems with products.
When a product recall occurs, it is common for many of the users of the recalled product to make a product liability claim under strict liability laws and to argue the manufacturer should provide them with compensation.
Products may be recalled voluntarily by manufacturers, or government agencies like the Food and Drug Administration or National Highway Traffic Safety Administration can conduct investigations and recommend recalls. The Consumer Product Safety Commission (CPSC) also has jurisdiction over more than 15,000 different types of consumer products, including sports equipment and electrical equipment.
If any product a person owns is recalled, either voluntarily or through government intervention, the product owner should consult with a product liability lawyer to determine if they could pursue a case for losses that product has caused. The recall, and the evidence of defects that prompted the recall, can create solid grounds for a strict liability product liability claim, provided the product user can show the defect caused harm.