Under Florida law, consumers who are injured or die as a result of a defective product can file a personal injury lawsuit to recover damages. In Florida, there are thousands of people each year which are seriously hurt because an unsafe product was placed into the marketplace. Defective products have been associated with causing severe personal injuries, including burn injuries. Recently, a Pensacola man who had been smoking an electronic cigarette suffered significant burn injuries when the cigarette blew up in his face. “The best analogy is like it was trying to hold a bottle rocket in your mouth when it went off,” said a division chief of the North Bay Fire Department when describing this Florida personal injury accident. Based upon several news reports it appears that the explosion was so forceful that the man sustained severe burn injuries to his face, a partial detachment of his tongue and all his teeth were knocked out. Additionally, the heat from the explosion was so hot that it melted some personal property in the injured party’s residence. He was treated at a burn center in Mobile, Alabama.
Firefighters say that they have never heard of an exploding electronic cigarette. Our Fort Lauderdale burn injury attorneys realize that this type of accident is rare; however, it is not uncommon for people to suffer from burn injuries caused by faulty products. Chemical hair dyes, defective curling irons and electrical equipment are common causes of burn injuries. So far firefighters have been unable to identify the brand of the electronic cigarette, but regardless, when a product is placed into the stream of commerce, consumers expect the product to be safe and in good condition when they are using it for its intended use. Since this is not always the case, when a person is hurt or die because of defective products the manufacturer or retailer could be held liable for negligence, strict liability or consumers may file a lawsuit based on breach of warranty.
In a Florida defective product liability suit based upon negligence, the consumer must prove that the defendant’s faulty product caused the injury and the defendant was at fault. Further the types of recoverable damages in a negligence action of this type typically include monetary compensation for personal injury or property damage. On the other hand, in a strict products liability action, the consumer must prove that the specific product was attributable to the defendant, had a defect and the defect caused the injury. Medical expenses, loss of income; and pain and suffering are among the common types of recoverable damages based upon strict liability.
Based upon the unique facts of a consumer’s claim, our Fort Lauderdale products liability attorneys may have to rely upon breach of warranty as the basis for liability. Under Florida law when a retailer sells goods of the kind involved in the transaction to a consumer a contract is formed. If the seller makes a statement which represents to the consumer about its product and is relied upon by the consumer there may evidence of an express warranty. Alternatively, an implied warranty is warranty assurance that the product is fit for its ordinary or intended purpose. Most warranty actions are based upon implied warranties, and if it is determined that the seller knows or has reason to know that the consumer has made a purchase for a particular purpose and has relied upon the seller’s skills, then there is an implied warranty.
It would be against public policy to allow manufacturers or retailers to escape liability when they have placed products into the marketplace that harms or kills a person. However, may attempt to do so by blaming and arguing that the consumer caused the defect. But our Fort Lauderdale personal injury attorneys are committed to serving the safe interest of the public by helping those who have suffered personal injuries from defective products. If you believe that a faulty product caused your injuries or death of a loved one, contact our office to consult with an attorney about your case.
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