How To Prove A Florida Strict Liability – Design Defect Claim
In Florida, a claim of Strict Liability – Design Defect is defined as:
Strict Liability deals with the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products. A design defect occurs when there is an inherent flaw or inadequacy in the product’s design, making it unreasonably dangerous for its intended use. (This may also be referred to as Product Liability)
It simply means:
A product is defective and causes injury or damages.
There are 3 elements of the claim:
- Element 1. A product is unreasonably dangerous because of its design if the product fails to perform as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer, and/or the risk of danger in the design outweighs the benefits. A product is considered unreasonably dangerous due to its design if it doesn’t work safely as a typical user would expect, or if the dangers of its design are greater than the benefits it provides.
Facts that might support this element look like:
* The product’s design lacks essential safety features that are standard in similar products, leading to an increased risk of injury during normal use.
* Consumer feedback indicates that users frequently experience unexpected malfunctions, which compromise safety and exceed reasonable expectations for performance.
* Expert testimony reveals that alternative designs exist that would significantly reduce the risk of harm without sacrificing functionality or cost.
* The product has a history of causing injuries that could have been prevented with a safer design, indicating that the risks outweigh its benefits.
* Testing data shows that the product fails to meet industry safety standards, raising concerns about its reliability and safety in typical consumer scenarios. - Element 2. The product was expected to and did reach the user or consumer without substantial change affecting that condition. In a strict liability design defect claim, it means that the product was intended to be used as it was sold, and it arrived to the buyer in the same condition, without any significant changes that could affect its safety or performance.
Facts that might support this element look like:
* The product was manufactured and packaged in a manner that ensured it would remain in its intended condition until it reached the consumer.
* The product was sold directly to consumers through authorized retailers, with no alterations made during the distribution process.
* The product was designed for consumer use and was marketed as safe and effective without any modifications.
* The product was delivered to the consumer in its original packaging, which included clear instructions and warnings.
* The product was subjected to quality control measures that confirmed it was free from defects before reaching the end user. - Element 3. There was a proximate causal connection between the condition of the product and the plaintiff’s injuries or damages. The product’s design directly caused the plaintiff’s injuries or damages, meaning that if the product had been designed differently, the harm would not have occurred.
Facts that might support this element look like:
* The product was designed with a known defect that made it inherently unsafe for its intended use.
* The plaintiff experienced injuries immediately after using the product, which malfunctioned due to its flawed design.
* Expert testimony confirmed that the design defect directly contributed to the failure of the product during normal operation.
* The product’s design did not include necessary safety features that could have prevented the plaintiff’s injuries.
* The injuries sustained by the plaintiff were consistent with the risks associated with the defective design of the product.
(See West v. Caterpillar Tractor Co., 336 So. 2d 80, 92 (Fla. 1976). Florida Standard Jury Instructions in Civil Cases, 403.7. R.J. Reynolds v. Larkin, 225 So. 3d 886 (Fla. 3d DCA 2017); Font v. Union Carbide Corp., 199 So. 3d 323 (Fla. 3d DCA 2016).)
If you’re representing yourself in court and plan to assert a Claim of Strict Liability – Design Defect, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your FL Strict Liability – Design Defect Claim
U.S. Civil Cases Only