Every year, millions of injuries are caused by another party's negligence. Many personal injury suits in Florida stem from the negligence of a manufacturer. Under product liability law, any party within the product's chain of distribution can be held responsible for defective products that are released to consumers. These parties may include the designers, manufacturers and sellers of the product. Generally, product liability lawsuits are brought under state law, alleging negligence, breach of warranty and strict liability.
A Florida man and woman have filed a lawsuit against NutriBullet LLC and Capital Brands LLC after a blender accident caused serious injuries and property damage. Nearly two years ago, the woman was using her NutriBullet blender when it exploded. The hot liquids left her with severe burns to her face and body. The explosion also resulted in property damage to the kitchen and interior ceiling. The couple is seeking over $75,000 in damages for numerous losses, including loss of consortium and loss of affection.
The couple alleges breach of warranty, failure to warn and strict liability. The complaint states that the creators of the blender failed to warn of potential injuries and introduced a dangerous, defective product into the marketplace. The couple also alleges that the blender was not relatively safe.
While the results of this case remain to be seen, in general, in order to have a successful case, the plaintiff will have to show that there was a defect in the product. A defect can fall under one of three categories: design, manufacturing or marketing. The plaintiff will also have to show that the defendants were negligent in creating or selling the dangerous product. However, if strict liability applies, a plaintiff can recover damages as long as there is a defect, without having to prove that the manufacturer was negligent.
Defective products should never hit store shelves, but unfortunately they do, injuring innocent consumers. Consumers in Florida who believe they have been injured due to a defective product and have suffered damages as a result may want to research whether they have a legal claim.
Source: FloridaRecord, "Florida couple accuses blender manufacturer of negligence," Jenie Mallari-Torres, Nov. 11, 2016